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FEDERAL COMMUNICATIONS COMMISSION
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.
S:15.209(a)).
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.)
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