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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

February 6, 2019


Nancy Graham
Santa Cruz, California  95062
	Case Number: EB-FIELDWR-18-00027444


NOTICE OF UNLICENSED OPERATION


On October 25, 2018, an Agent from the San Francisco Office (San Francisco Office) of the Federal Communications Commissions (FCCs or Commissions) Enforcement Bureau (Bureau) responded to a complaint of an unlicensed FM station operating on the frequency 101.3 MHz in Santa Cruz, California.  The Agent confirmed by direction finding techniques that a radio signal on 101.3 MHz was emanating from 1205 Broadway, Santa Cruz, California.  Through investigation, the Agent determined that you are the operator of the station.  The Commissions records show that no license was issued for operation of a broadcast station on 101.3 MHz at this location in Santa Cruz, California.  

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 101.3 MHz, 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.
  On October25, 2018, the Agent measured the field strength of the signal on the frequency 101.3 MHz and found that it exceeded the maximum permitted level of 250 microvolts per meter (V/m) at 3 meters established under Part 15.  Thus, this station is 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 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 seizure of 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 AND MUST NOT RESUME.

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 the Commissions rules.  This will include any information that you disclose in your reply.

Failure to take steps to resolve this interference may result in additional sanctions and/or forfeiture actions. You may contact this office if you have any questions.
  


FEDERAL COMMUNICATIONS COMMISSION




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