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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION THREE

Los Angeles Regional Office
11331 183rd Street, PMB #365
Cerritos, CA 90703
Field@FCC.gov
(562) 860-7474

October 18, 2018


Mark Chanez
Casper, Wyoming

NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-18-00027588
	
On August 22, 2018, an Agent from the Denver Office (Denver Office) of the Federal Communications Commissions (FCCs or Commissions) Enforcement Bureau (Bureau) responded to a complaint of an unlicensed FM station operating in Casper, Wyoming.  The Agent confirmed by direction finding techniques that radio signals on frequency 92.1 MHz were emanating from a residential property on North Grant Street, Casper, Wyoming.  The Agent returned the following day and verified continued operation on 92.1 MHz from the same location on North Grant Street in Casper, WY.  The Commissions records show that no license was issued for operation of a radio station on 92.1 MHz at this location in Casper, Wyoming.  The Denver Office investigated and determined that you are the operator of the broadcast station on 92.1 MHz in Casper, Wyoming. 

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 92.1MHz, must be licensed by the FCC pursuant to Section 301 of the Communications Act of 1934, as amended (Act). 47 U.S.C.  301.  
  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 Commissions rules. 47 CFR 15.1 et seq.   
  The Agent found that the station at your property was operating at a power level that exceeds the level permitted by Part 15.  On August 23, 2018, the Agent measured the field strength of the signal on the frequency 92.1 MHz for the station and found that it exceeded the maximum permitted level of 250 V/m at 3 meters for non-licensed devices.  Thus, the station was operating in violation of Section 301 of the Act. 47 U.S.C. 301.
  

You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization, or in violation of the Commissions 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. See 47 U.S.C.  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 Commission.  Your response should be sent to the address in the letterhead and reference the listed case number.  Under the Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
 we are informing you that the Commissions 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