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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
April 19, 2006
James R. Browning
Tulsa, Oklahoma
NOTICE OF UNLICENSED OPERATION
Case Number: EB-05-DL-182
Document Number: W20063250001
The Dallas Office received information that an unlicensed broadcast radio
station on 88.9 MHz and 90.9 MHz was operating in Tulsa, Oklahoma. On
March 16, 2006, an agent from this office inspected equipment installed at
Mr. Browning's residence in Tulsa, Oklahoma. The equipment was a
non-certified Broadcast Warehouse TX1 FM Transmitter with a non-certified
Veronica twenty-five watt broadband amplifier for the frequency range of
88 to108 MHz. Mr. Browning admitted to transmitting on both frequencies
with the equipment. The Commission's records show that no license was
issued authorizing operation of a broadcast station on either of the above
frequencies at or near this location in Tulsa, Oklahoma.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 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 Commission's
rules, 47 C.F.R. SS 15.1 et seq. The equipment inspected was not
certified for use under Part 15 and use of the equipment would exceed Part
15 standards. Thus, this station was operated in violation of 47 U.S.C. S
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 arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. (see 47 U.S.C. SS 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 FCC. Your
response should be sent to the address in the letterhead and reference the
listed case and document numbers. Under the Privacy Act of 1974, 5 U.S.C.
S 552a(e)(3), 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.
James D. Wells
District Director
Dallas Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003