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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                                 Denver Office

                        215 S. Wadsworth Blvd. Suite 303

                            Lakewood, Colorado 80226

                               September 30, 2010

   Chesley H. Cain

   Sioux Falls, South Dakota 57106

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-DV-0247

   Document Number: W201032800007

   The Denver Office received information that an unlicensed broadcast radio
   station on 1610 kHz was allegedly operating in Sioux Falls, South Dakota.
   On August 11, 2010, an agent from this office confirmed by direction
   finding techniques that radio signals on frequency 1610 kHz were emanating
   from your residence in Sioux Falls, South Dakota. The Commission's records
   show that no license was issued for operation of a broadcast station at
   this location on 1610 kHz in Sioux Falls, South Dakota.

   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 1610 kHz 
   was measured at 6,800  microvolts per meter (uV/m) at  126 meters, which
   exceeded the maximum permitted level of 14.9 uV/m (24,000/1610) 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. S: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. S:15.219(b).) During the inspection on August 11, 2010, the
   agent observed that the approximate length of the antenna, transmission
   line and the ground lead was 30 feet (9 meters). This installation
   violated Section 15.219(b) of the Rules.

   In addition, the AM transmitter was radiating spurious signals at 3220 kHz
   and 4830 kHz that are assigned to communications between aircraft and/or
   aircraft and aviation ground facilities. These signals may present a
   safety hazard to the operation of aircraft since air/ground communications
   could be affected.

   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.

   Nikki Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005