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

                              South Central Region

                                 Dallas Office

                          9330 LBJ Freeway, Suite 1170

                                Dallas, TX 75243

                                November 6, 2009

   John Gerrard

   Tonya Gerrard

   Durant, Oklahoma

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-DL-0040

   Document Number: W201032500001

   The Dallas Office received information that an unlicensed broadcast radio
   station on 92.3 MHz was allegedly operating in Durant, Oklahoma. On
   November 2, 2009, agents from this office confirmed by direction finding
   techniques that radio signals on frequency 92.3 MHz were emanating from an
   antenna attached to a building located on your residential property. The
   Commission's records show that no license was issued for operation of a
   broadcast station on 92.3 MHz  at this location in Durant, OK.

   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:  15.1 et seq. The field strength of the signal on
   frequency 92.3 MHz was measured at 166,972 microvolts per meter (uV/m) at
   895 meters, which exceeded the maximum permitted level of 250 uV/m at 3
   meters for non-licensed devices. Thus, this station was 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 or providing services and
   facilities incidental to the operation of an unlicensed radio transmitter
   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 ANY 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.

   James D. Wells

   District Director

   Dallas District Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005