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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Atlanta District Office
3575 Koger Boulevard, Suite 320
Duluth, Georgia 30096
March 30, 2007
Aubrey Robert Graham
Decatur, Georgia
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-AT-039
Document Number: W200732480003
The Atlanta Office received information that an unlicensed broadcast radio
station on 94.5 MHz was allegedly operating in Decatur, Georgia. On
February 25, 2007, agents from this office confirmed by direction finding
techniques that radio signals on frequency 94.5 MHz were emanating from
your business office in Decatur, Georgia. The Commission's records show
that no license was issued for operation of a broadcast station on 94.5
MHz at this location in Decatur, Georgia.
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 field strength of the signal on
frequency 94.5 MHz was measured at 502,569 microvolts per meter (uV/m) at
304.8 meters, which exceeded the maximum permitted level of 250uV/m at 3
meters for non-licensed devices. Thus, this station is operating 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 number. 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.
Douglas G. Miller
District Director
Atlanta Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003