******************************************************** 
                      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.

*****************************************************************



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
Sears Holdings
Attn: Jim Chagnon – Manager, Logistics Operations Support
Brighton, CO
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-18-00026401
On March 9, 2018, in response to an interference complaint, an Agent from the Denver Office of 
the Federal Communications Commission’s (FCC or Commission’s) Enforcement Bureau 
(Bureau) confirmed by direction-finding techniques that radio signals on the frequency 
463.3375 MHz were emanating from a warehouse at 18875 Bromley Lane in Brighton, 
Colorado. During an inspection, the Agent found that Sears Holdings (Sears) was operating 
multiple transmitters on 463.3375 MHz.  The Agent confirmed that the interference ceased when 
the Sears equipment was unplugged.  The Commission’s records show that the license issued to 
Sears, under call sign WQCM387, for operation on the frequency 463.3375 MHz at this location 
in Brighton, Colorado, expired in April 2015 and no renewal application is pending. 
 
Radio stations must be licensed by the FCC pursuant to Section 301 of the Communication Act 
of 1934, as amended (Act).
1
  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.
2
  On March 9, 2018, you operated on 
frequency 463.3375 MHz without an authorization.  Thus, this station was operating in violation 
of Section 301 of the Act.
3 
 During the investigation, you indicated that the subject transmitters 
were replaced by a separate system and were removed from operation while the Agent was on-
scene.
1
 47 U.S.C. § 301.  
2
 47 CFR §§ 15.1 et seq.   
3 
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 may 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.
4
    
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,
5
 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
4
 See 47 U.S.C. §§ 401, 501, 503 and 510.
5
 5 U.S.C. § 552a(e)(3).