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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Norfolk Office
1457 Mount Pleasant Road Suite 113
Chesapeake VA 23322
November 8, 2007
Pinnacle Towers LLC
Attention To: Regulatory Department
200 Corporate Drive
Canonsburg PA 15317
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-NF-042
Document Number: W200832640001
The Norfolk Office received information that United States Coast Guard
(USCG) was receiving interference in the area around Edenton, North
Carolina on a frequency of 157.100 MHz. On June 6, 2007, an agent from
this office confirmed by direction finding techniques that transmissions
from a 46.68 MHz transmitter produced spurious emissions on 157.10 MHz and
several other frequencies. The transmitter was located at the base of
antenna structure # 1002358 located at 133 Ashland Church Road, Merry
Hill, North Carolina. You admitted that you own this antenna structure and
the surrounding property and suggested deactivating the transmitter
because your technicians could not readily visit the site. When a USCG
technician deactivated the transmitter, the interference and spurious
emissions vanished. The Commission's records show that no license was
issued to you for operation of a radio station on 46.68 MHz at this
location in Merry Hill.
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 that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R.
S:S: 15.1 et seq. The expired authorization for transmissions on 46.48
MHz permitted a transmitter output power of 150 Watts, which exceeds the
limits established in Part 15. In addition, the agents observed that the
transmitter was not certified for use as a Part 15 device and was
connected to an external antenna. Thus, transmissions on 46.68MHz from 133
Ashland Church Road violated 47 U.S.C. S: 301.
You are hereby warned that transmitting without a valid radio station
authorization constitutes a violation of the Federal laws cited above and
could subject the operator of this illegal operation to severe penalties,
including, but not limited to, substantial monetary forfeitures, in rem
arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. (See 47 U.S.C. S:S: 401, 501, 503 and
510.)
Unlicensed transmissions were discontinued on June 6, 2007, but must not
resume without authorization.
You have ten (10) days from the date of this notice to respond with any
evidence that your operation of the subject transmitter complies with FCC
Rules or describe the actions you have taken to insure that unauthorized
transmissions from transmitters abandoned on your property will be
prevented. 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.
Joseph P. Husnay
Resident Agent
Norfolk Office
South Central Region
Enforcement Bureau
A previous tower owner had a license to operate on 46.68 MHz from antenna
structure # 1002358, however, this license expired in 2003.