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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION THREE
Los Angeles Regional Office
11331 183
rd
 Street, PMB #365
Cerritos, CA 90703
Field@FCC.gov
(562) 860-7474
February 16, 2018
Barry Bennett
Rollinsville, Colorado
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDWR-17-00025893
On January 24, 2018, Agents from the Denver Office (Denver Office) of the Federal 
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) 
investigated information regarding of an unlicensed FM station operating on the frequency 93.1 
MHz.  The Agents confirmed by direction finding techniques that radio signals on frequency 
93.1 MHz were emanating from an antenna on a shed located on your residential property on 
Willie’s Lane in Rollinsville, Colorado.  Public records list you as the owner of this property.  
The Commission’s records show that no license was issued for a broadcast station on 93.1 MHz 
at this location in Rollinsville, Colorado.
Radio stations operating on a range of frequencies,
1
 including 93.1 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
  Agents measured the field strength of the signal on the frequency 
93.1 MHz for the station and found that it exceeded the maximum permitted level of 250 µV/m 
at 3 meters for non-licensed devices.  Thus, the station was operating in violation of Section 301 
of the Act.
4
  
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 
1
 47 CFR § 73.201.
2
 47 U.S.C. § 301.  
3
 47 CFR §§ 15.1 et seq.   
4
 47 U.S.C. § 301.
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 Commission.  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.
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
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).