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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
Bradley M. Heggeseth
Sioux Falls, South Dakota 57103
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-DV-0246
Document Number: W201032800008
The Denver Office received information that an unlicensed broadcast radio
station on 1640 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 1640 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 1640 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 1640 kHz
was measured at 14,500 microvolts per meter (uV/m) at 62 meters, which
exceeded the maximum permitted level of 14.6 uV/m (24,000/1640) 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 34 feet (10 meters). This installation
violated Section 15.219(b) of the Rules.
In addition, the AM transmitter was radiating spurious signals at 3280 kHz
and 4920 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