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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Dr., Ste 105
Pleasanton, CA 94588-8543
June 27, 2008
Alan Mark Olmstead
Eureka, CA 95503
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-SF-239
Document Number: W200832960007
The San Francisco Office received information from the Federal Aviation
Administration that an unlicensed broadcast radio station on 88.9 MHz was
allegedly operating in Eureka, CA and was causing interference to radio
communications on 121.5 MHz, a distress and safety frequency designated
for use by aircraft. On June 19, 2008, an agent from this office confirmed
by direction finding techniques that radio signals on frequencies 88.9
MHz, 112.54 MHz, 121.54 MHz, and 177.8 MHz were emanating from 3805 H
Street, Eureka, CA. The Commission's records show that no license was
issued for operation of a broadcast station at this location on 88.9 MHz
in Eureka, CA.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R. S:S:
15.1 et seq. Your operation on frequency 88.9 MHz was measured at 161,811
microvolts per meter (uV/m) at 3 meters. This exceeds the allowable
unlicensed limit of 250 uV/m at 3 meters established in Part 15. Your
operation on frequency 112.54 MHz was measured at 8,938 uV/m at 3 meters,
your operation on frequency 121.54 MHz was measured at 21,500 uV/m at 3
meters, and your operation on frequency 177.8 MHz was measured at 5,523
uV/m at 3 meters. These three measurements exceed the allowable unlicensed
limit of 150 uV/m at 3 meters established in Part 15. Thus, this station
is operating in violation of 47 U.S.C. S: 301.
Your operation on 112.54 MHz and 121.54 MHz included spurious signals
within the radio frequency band assigned for communications between
aircraft and/or aircraft and aviation ground facilities. The signals may
present a safety hazard to the operation of aircraft since air/ground
communications could be affected.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of the
Federal laws cited above and could subject the operator of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. (See 47 U.S.C.
S:S: 401, 501, 503 and 510.)
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. Your
response should be sent to the address in the letterhead and reference the
listed case and document number. Under the Privacy Act of 1974, 5 U.S.C.
S: 552a(e)(3), we are informing you that the Commission's staff will use
all relevant material information before it to determine what, if any,
enforcement action is required to ensure your compliance with FCC Rules.
This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Thomas N. Van Stavern
District Director
San Francisco Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005