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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) 813-4660
June 4, 2013
Edwin & Teresita Ruiz
416 Orchard Avenue via Certified Return Receipt Requested
Oswego, Illinois 60543-0886 and First Class Mail
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-13-00008449
Document Number: W201332320003
The Chicago District Office received information that an unlicensed
broadcast radio station on 1600 kHz was allegedly operating in Oswego,
Illinois. On May 2, 2013, an agent from this office confirmed by direction
finding techniques that radio signals on frequency 1600 kHz were emanating
from 416 Orchard Avenue, Oswego, Illinois. The Commission's records show
that no license was issued for operation of a broadcast station at this
location on 1600 kHz in Oswego, Illinois.
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. SS
15.1 et seq. The field strength of the signal on frequency 1600 kHz was
measured at 8400 microvolts per meter (uV/m ) at 89 meters, which exceeds
the maximum permitted level of 15.0 uV/m at 30 meters established in
Section 15.209(a) of the Rules (See 47 C.F.R. S15.209(a).
In addition, 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." The source of the 1600 kHz signal is a vertical whip antenna
approximately 3 meters long, mounted atop a 50 foot tower in the backyard
of 416 Orchard Avenue. The total length of the antenna and transmission
line exceeds the 3 meter restriction in Section 15.219(b) of the Rules.
See 47 C.F.R. 15.219(b).
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.
SS 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