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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
(562) 860-7474
March 8, 2012
Jeff Dineen
Fullerton, California, 92835
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDWR-12-00000329
Document Number: W201232900005
The Los Angeles Office received information that an unlicensed broadcast
radio station on 1680 kHz was allegedly operating in Fullerton, CA. On
January 30, 2012, agents from this office confirmed by direction finding
techniques that radio signals on frequency 1680 kHz were emanating from
your place of business in Fullerton, CA. The Commission's records show
that no license was issued for operation of a broadcast station at this
location on 1680 kHz in Fullerton, CA.
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 1680 kHz was
measured at 15,900 microvolts per meter (uV/m) at 60 meters, which
exceeded the maximum permitted level of 14.3 uV/m (24,000/1680) at 30
meters established in Section 15.209(a) of the Rules (see 47 C.F.R. S:
15.209(a)).
On February 29, 2012, agents from this office revisited your Fullerton
location. The agents determined that your transmitter was still operating
on frequency 1680 KHz, but with no modulation. The field strength of the
signal was measured at 17,900 microvolts per meter (uV/m) at 60 meters,
which exceeded the maximum permitted level of 14.3 uV/m (24,000/1680) at
30 meters established in Section 15.209(a) 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 3 meters" (see 47 C.F.R. S:
15.219(b)). During their investigation on January 30, 2012, the agents
determined that the ground lead was connected to a cable that ran down the
length of the antenna tower, thereby, increasing the total length of the
antenna, transmission line, and ground lead well beyond 3 meters. This
installation violated Section 15.219(b) of the Rules. During that
inspection, the agents observed that you cut the ground lead at a point
close to the street level leaving the line at its original length, but not
physically connected to the ground. This configuration will also violate
Section 15.219(b) of the Rules as the total length of the antenna,
transmission line, and the lead, attached to the transmitter, exceeded 3
meters.
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 to this
notice, and to supplement your response to the on-scene notice issued to
you on January 30, 2012, 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