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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Chicago District Office
1550 North Northwest Highway, Room 306
Park Ridge, Illinois 60068
(847) 413-4660
May 22, 2012
Thomas L. Metzger
1134 South Ferguson Road
Warsaw, Indiana 46580-8136
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-12-0002320
Document Number: W201232320004
The Chicago Office received information that an unlicensed broadcast radio
station on 87.9 MHz was allegedly operating in Warsaw, Indiana. On May 15,
2012, an agent from this office confirmed by direction finding techniques
that radio signals on frequency 87.9 MHz were emanating from 1134 South
Ferguson Road, Warsaw, Indiana. The Commission's records show that no
license was issued for operation of a broadcast station on 87.9 MHz at
this location in Warsaw, Indiana.
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. Operation of a broadcast station on
87.9 MHz, however, is not authorized at any field strength level. See 47
C.F.R. S:15.209(a). 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 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.
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
Although not applicable to a broadcast station, we note that periodic
operation on 87.9 MHz would be permitted under 47 C.F.R. S: 15.231.