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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
June 3, 2011
The Irvine Company
Irvine, CA, 92618
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-LA-0261
Document Number: W201132900009
The Los Angeles Office received information that an unlicensed repeater
was operating on the frequency pair 462.5875/467.5875 MHz in Irvine, CA.
On April 27, 2011, an agent from this office confirmed by direction
finding techniques that radio signals on frequency 462.5875 MHz were
emanating from Irvine Spectrum Center, 31 Fortune Drive, Irvine, CA. An
inspection determined that portable radios used by the maintenance staff
on 467.5875 MHz were simultaneously retransmitted on 462.5875 MHz by a
Motorola Radius GR1225 repeater. The Commission's records show that no
license was issued for operation of a radio station at this location on
462.5875 MHz in Irvine, CA.
The frequencies 462.5875 MHz and 467.5875 MHz are available for use under
the Family Radio Service ("FRS"). FRS is a land mobile radio service for
two-way voice communications, used by family and friends, with a
communications range of less than one mile. The repeater at the Irvine
Spectrum Center cannot legally operate under FRS because it does not meet
the technical regulations. The repeater, (1) was not certified for use
under FRS, (2) employed an antenna that was not an integral part of the
transmitter, and (3) was measured with a transmitter power output that, if
connected to a no gain antenna, would produce an effective radiated power
exceeding the 0.5 watt limit. (See 47 C.F.R. S:S: 95.191, 95.193, 95.603,
95.639(d), and 95.647).
The frequency 462.5875 MHz is also available for use under the General
Mobile Radio Service ("GMRS"). GMRS is a land mobile radio service
available to persons for short-distance two-way communications to
facilitate the activities of licensees and their immediate family members.
The Irvine Company does not hold a GMRS license and, currently, only
individuals are eligible to obtain a GMRS license. (See 47 C.F.R. S:S:
95.1, 95.3, 95.5, and 95.621).
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The Commission's records show that no license was issued to The Irvine
Company for operation of a GMRS station, and the station did not meet the
technical regulations to operate as an FRS station. 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).
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.
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005