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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