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                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                        Portland Resident Agent  Office

                                 P.O. Box 61469

                            Vancouver, WA 98666-1469

                                November 5, 2009

   Ken Cartwright

   KENC Radio

   Stayton, Oregon 97383

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-PO-0056

   Document Number: W201032920001

   The Portland Resident Agent Office received information that an unlicensed
   broadcast radio station on 1620 kHz was allegedly operating in Stayton,
   Oregon. On October 20, 2009, an agent from this office confirmed by
   direction finding techniques that radio signals on frequency 1620 kHz were
   emanating from 429 N. Third Avenue, Stayton, Oregon. The Commission's
   records show that no license was issued for operation of a broadcast
   station at this location on 1620 kHz in Stayton, 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 field strength of the signal on frequency 1620  kHz was
   measured at 4000 microvolts per meter (uV/m ) at 137 meters, which
   exceeded the maximum permitted level of 14.8 uV/m (24,000/1620) at 30
   meters established in Section 15.209(a) of the Rules (See 47 C.F.R.

   In addition, Section 15.219(b) of the Rules states "the total length of
   the transmission line, antenna, and ground lead (if used) shall not exceed
   approximately 3 meters." During the inspection on October 20, 2009, the
   agent observed that the vertical whip antenna used by the station was
   approximately 3 meters long, however, the referenced antenna's ground lead
   was attached to an unshielded radiating metal tower in which the height of
   the tower measured at approximately 40 feet long (12.2 meters). This
   antenna installation violated Section 15.219(b) of the Rules. See 47
   C.F.R. 15.219(b).

   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.)


   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


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005