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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
Detroit Office
24897 Hathaway St.
Farmington Hills, MI 48335-1552
October 15, 2010
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
Gary K. Unger
Paulding, Ohio
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-DT-0315
Document Number: W201132360001
The Detroit Office received information that an unlicensed broadcast radio
station on 1640 kHz was allegedly operating in Paulding, Ohio. On
September 29, 2010, an agent from this office confirmed by direction
finding techniques that radio signals on frequency 1640 kHz were
emanating from 101 E. Perry Street, Paulding, Ohio. The Commission's
records show that no license was issued for operation of a broadcast
station on 1640 kHz at this location in Paulding, Ohio.
During the investigation of the unlicensed AM broadcast radio station in
Paulding, Ohio on September 29, 2010, it was also determined that you were
operating an unlicensed FM station. On this date, an agent from this
office confirmed by direction finding techniques that radio signals on
frequency 98.5 MHz were emanating from 101 E. Perry Street, Paulding,
Ohio. The Commission's records show that no license was issued for
operation of a broadcast station on 98.5 MHz at this location in
Paulding, Ohio.
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 1640 kHz was measured at 3,600 microvolts per meter (uV/m) at
84.1 meters, which exceeded the maximum permitted level of 14.6 uV/m
(24000/1640) at 30 meters established in Section 15.209 of the Rules (See
47 C.F.R. S: 15.209(a)). Thus, this station is operating in violation of
47 U.S.C. S: 301.
The field strength of the signal on frequency 98.5 MHz was measured at
6,968 microvolts per meter (uV/m) at 106.3 meters, which exceeded the
maximum permitted level of 250uV/m at 3 meters for non-licensed devices.
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 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 THESE RADIO STATIONS 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 A. Bridgewater
District Director
Detroit Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005