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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
(925)416-9717
February 10, 2012
Sheehan Gillis
Oakland, California 94605
NOTICE OF UNLICENSED OPERATION
Case Number: EB-11-SF-0351
Document Number: W201232960005
The San Francisco Office received information that an unlicensed broadcast
radio station on 104.1 MHz is allegedly operating in Oakland, California.
On December 21, 2011, agents from this office confirmed by direction
finding techniques that radio signals on frequency 104.1 MHz were
emanating from a residence[Author ID1: at Thu Jan 26 11:08:00 2012 ] in
Oakland, California. Public records list you as the owner of the property.
The Commission's records show that no license was issued for operation of
a broadcast station at this location on 104.1 MHz in Oakland, California.
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 operation on frequency 104.1 MHz was measured at 22,181
microvolts per meter (uV/m) at 357 meters. This exceeds the allowable
unlicensed limit of 250 uV/m at 3 meters established in 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.)
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.
David K. Hartshorn
Acting District Director
San Francisco Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005