Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERALCOMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
August 18, 2017
Kevin and Allison Blume
Mishawaka, Indiana
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00024194
On May 16, 2017, an Agent from the Chicago Office of the Federal Communications
Commission’s (FCC’s) Enforcement Bureau (Bureau) responded to a complaint of an unlicensed
FM station operating on the frequency 93.9 MHz in Osceola, Indiana area. The Agent
confirmed by direction finding techniques that radio signals on frequency 93.9 MHz were
emanating from your residence in Mishawaka, Indiana. The Commission’s records show no
license issued for operation of a radio station on 93.9 MHz at this location in Mishawaka,
Indiana.
Radio stations operating on a range of frequencies,
1
including 93.9 MHz, must be licensed by the
FCC pursuant to Section 301 of the Communications Act of 1934, as amended (Act).
2
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.
3
The field strength of the signal on frequency 93.9 MHz was measured at
85 microvolts per meter (µV/m) at 621 meters, which exceeded the maximum permitted level of
250 µV/m at 3 meters for non-licensed devices. Thus, this station is operating in violation of
Section 301 of the Act.
4
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 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.
5
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 number. Under the Privacy Act of 1974,
6
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 C. Dombrowski
Regional Director
Region One
Enforcement Bureau
Federal Communications Commission
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
6
5 U.S.C. § 552a(e)(3).