Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
303-231-5212
August 31, 2009
Waterton Residential / Tantra Lake Apts.
1000 W. Moorhead Circle
Boulder, CO 80305
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-DV-0029
Document Number: W200932800014
The Denver Office received information that an unlicensed broadcast radio
station on 95.3 MHz was operating in the Boulder, CO area. On July 31,
2009 and August 1, 2009, agents from this office confirmed by direction
finding techniques that radio signals on frequency 95.3 MHz were emanating
from the property at 897 E. Moorhead Circle Apt A, in Boulder, CO. Public
records list you as the owner of the property. The Commission's records
show that no license was issued for operation of a broadcast station at
this location in Boulder, 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 that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R.
S:S: 15.1 et seq. On July 31, 2009, the operation on frequency 95.3 MHz
was measured at 1,881,288 microvolts per meter (uV/m) at 3 meters. On
August 1, 2009, the operation on frequency 95.3 MHz was measured at
2,257,545 microvolts per meter (uV/m) at 3 meters. These measurements
exceed 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.
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005