Click here for Adobe Acrobat version
Click here for Microsoft Word version

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.



                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                           San Diego  District Office

                          4542 Ruffner St., Suite 370

                          San Diego, California 92111

                                 April 20, 2010

   Diana L. Dexter

   Tucson, Arizona

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-SD-0139

   Document Number: W201032940003

   The San Diego Office received information that there was an FM broadcast
   station operation on 103.3 MHz in the Tucson, AZ, area. On March 17, 2010,
   agents from this office determined that the station operating on 103.3 MHz
   was in the Pusch Ridge wilderness area in the Coronado National Forest
   just north of Tucson. On March 18, 2010, these agents further determined
   that a radio station operating at 657.500 MHz was controlling and relaying
   programming material to the FM broadcast station located in the wilderness
   area. The agents determined that the transmitter on 657.500 MHz was
   located at 144 West 5th Street, Tucson, Arizona. The Pima County
   Assessor's records show that you are the owner of the property at 144 West
   5th Street, Tucson. The Commission's records indicate that no license was
   issued for operation of a radio station at this location on 657.500 MHz.

   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. Your operation on frequency 657.500 MHz could be heard
   by the station on 103.3 MHz, which is more than eight miles away.
   Therefore, this station could not be operating under Part 15. Thus, this
   station is 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 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.

   William R. Zears Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005