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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Diego District Office
4542 Ruffner St., Suite 370
San Diego, California 92111
June 14, 2012
Lewis A. Parks
Fallbrook, California
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDWR-12-00002551
Document Number: W201232940004
The San Diego Office received information that an unlicensed broadcast
radio station on 106.1 MHz was allegedly operating in Fallbrook,
California. On May 22, 2012, agents from this office confirmed by
direction finding techniques that radio signals on frequency 106.1 MHz
were emanating from a residence in Fallbrook, California. The
Commission's records show that no license was issued for operation of a
broadcast station at this location on 106.1 MHz in Fallbrook, 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. Your operation on frequency 106.9 MHz was measured at
3,062 microvolts per meter (uV/m) at 3 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.
James T. Lyon
District Director
San Diego District Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005