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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
April 13, 2018
Philip Brittin
Boulder, Colorado
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00025895
On January 9, 2018, Agents from the Denver Office (Denver Office) of the Federal
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau)
responded to a complaint of an unlicensed FM station operating in Boulder, Colorado. The
Agents confirmed by direction finding techniques that radio signals on frequency 95.5 MHz were
emanating from a residential property on 14
th
Street, Boulder, Colorado. The Commission’s
records show that no license was issued for operation of a radio station on 95.5 MHz at this
location in Boulder, Colorado. The Denver Office investigated and determined that you are the
operator of the broadcast station on 95.5 MHz in Boulder, Colorado.
On January 12, 2018, an Agent from the Denver Office responded to a complaint of an
unlicensed FM station operating in Boulder, Colorado. The Agent confirmed by direction
finding techniques that radio signals on frequency 91.0 MHz were emanating from a residential
property on 14
th
Street, Boulder, Colorado. The Commission’s records show that no license was
issued for operation of a radio station on 91.0 MHz at this location in Boulder, Colorado. The
Denver Office investigated and determined that you are the operator of the broadcast station on
91.0 MHz in Boulder, Colorado.
On January 19, 2018, Agents from the Denver Office responded to a complaint of an unlicensed
FM station operating in Boulder, Colorado. The Agents confirmed by direction finding
techniques that radio signals on frequency 104.7 MHz were emanating from a residential
property on 14
th
Street, Boulder, Colorado. The Commission’s records show that no license was
issued for operation of a radio station on 104.7 MHz at this location in Boulder, Colorado. The
Denver Office investigated and determined that you are the operator of the broadcast station on
104.7 MHz in Boulder, Colorado.
On January 29, 2018, an Agent from the Denver Office responded to a complaint of an
unlicensed FM station operating in Boulder, Colorado. The Agent confirmed by direction
finding techniques that radio signals on frequency 90.4 MHz were emanating from a residential
property on 14
th
Street, Boulder, Colorado. The Commission’s records show that no license was
issued for operation of a radio station on 90.4 MHz at this location in Boulder, Colorado. The
Denver Office investigated and determined that you are the operator of the broadcast station on
90.4 MHz in Boulder, Colorado.
On February 7 and 14, 2018, Agents from the Denver Office responded to a complaint of an
unlicensed FM station operating in Boulder, Colorado. The Agents confirmed by direction
finding techniques that radio signals on frequency 101.3 MHz were emanating from a residential
property on 14
th
Street, Boulder, Colorado. The Commission’s records show that no license was
issued for operation of a radio station on 101.3 MHz at this location in Boulder, Colorado. The
Denver Office investigated and determined that you are the operator of the broadcast station on
101.3 MHz in Boulder, Colorado.
Radio stations operating on a range of frequencies,
1
including 95.5, 91.0, 104.7, 90.4, and
101.3 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
On the dates above, Agents
measured the field strength of the signals on the frequencies 95.5, 91.0, 104.7, 90.4, and 101.3
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, or in violation of the Commission’s RF radiation limits, 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 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.
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
6
5 U.S.C. § 552a(e)(3).
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