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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
November 7, 2008
John M. Poss and Rick M. Poss
Greeley, CO 80634
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-DV-0381
Document Number: W200932800002
The Denver District Office received information that an unlicensed
broadcast radio station on 87.7 MHz was allegedly operating in Greeley,
Colorado. On October 21, 2008, an agent from this office confirmed by
direction finding techniques that radio signals on frequency 87.90 MHz
were emanating from Rick Poss' residence in Greeley, CO. The Commission's
records show that no license was issued for operation of a broadcast
station on 87.90 MHz at this location in Greeley, CO.
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 or mode of operation that
complies with the standards established in Part 15 of the Commission's
rules, 47 C.F.R. S:S: 15.209. The field strength of the signal on
frequency 87.90 MHz was measured at 47,572 microvolt per meter (uV/m) at 3
meters, which exceeded the maximum permitted level of 100 uV/m at 3 meters
for non-licensed devices. 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 to severe
penalties, including, but not limited to, substantial monetary fines, 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.
Nikki P. Shears
District Director
Denver District Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003