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                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                        Portland Resident Agent  Office

                                 P.O. Box 61469

                            Vancouver, WA 98666-1469

                                 April 8, 2010

   Ken Cartwright

   Stayton, Oregon 97383

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-PO-0056


   Document Number: W201032920003

   The Portland Resident Agent Office received information that an unlicensed
   broadcast radio station on 1620 kHz was allegedly operating in the City of
   Sublimity, Oregon. On March 23, 2010, an agent from this office confirmed
   by direction finding techniques that radio signals on frequency 1620 kHz
   were emanating from an AM transmitter installed on top of a metal water
   reservoir tower located near an address of 390 SE Church, Sublimity,
   Oregon 97385. The Commission's records show that no license was issued for
   operation of a broadcast station at this location on 1620 kHz in
   Sublimity, Oregon.

   Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
   One 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 1400 microvolts per meter (uV/m ) at 30 meters from the base of the
   water reservoir tower, which exceeded the maximum permitted level of 14.8
   uV/m (24,000/1620) at 30 meters established in Section 15.209 of the Rules
   (See 47 C.F.R. S:15.209(a)).

   Another exception, for some transmitters operating in the 510 kHz to 1705
   kHz band is found in 47 C.F.R. 15.219. Specifically, 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." See 47
   C.F.R. 15.219(b). During the inspection on March 23, 2010, the agent
   observed that the approximate length of the vertical whip antenna and the
   ground lead used by the station was 3 meters, however, the referenced
   antenna was attached to an unshielded radiating metal water reservoir
   tower and the height of the metal water reservoir tower measured
   approximately 100 feet (31.2 meters). This installation violated Section
   15.219(b) of the Rules.

   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