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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666-1469
September 12, 2008
Nancy and Casey Keller
Wilsonville, Oregon
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-PO-0180
Document Number: W200832920002
The Portland Resident Agent Office received information that an unlicensed
broadcast radio station on 104.5 MHz was allegedly operating in
Wilsonville, Oregon. On September 9, 2008, an agent from this office
confirmed by direction finding techniques that radio signals on frequency
104.5 MHz were emanating from the property at 31098 SW Country View Lane,
Wilsonville, Oregon. Public records list you as the owners of the
property. The Commission's records show that no license was issued for
operation of a broadcast station at this location on 104.5 MHz in
Wilsonville, Oregon.
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. The operation on frequency 104.5 MHz was measured at
34,140 microvolts per meter (uV/m) at 209 meters. This exceeds the
allowable unlicensed limit of 250 uV/m at 3 meters established in Part 15.
Thus, this station is operating in violation of 47 U.S.C. S: 301.
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.
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005