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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver District Office
215 S Wadsworth Blvd, Suite 303
Lakewood, CO 80226
February 28, 2011
Nathan Hall
Aurora, Colorado
NOTICE OF UNLICENSED OPERATION
Case Number: EB-11-DV-0012
Document Number: W201132800005
The Denver District Office received information that an unlicensed
broadcast radio station on 94.1 MHz was allegedly operating in Aurora,
Colorado. On February 9, 2011, an agent from this office confirmed by
direction finding techniques that radio signals on frequency 94.1 MHz were
emanating from a residence in Aurora, Colorado. The Commission's records
show that no license was issued for operation of a broadcast station at
this location on 94.1 MHz in Aurora, Colorado.
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. Your operation on frequency 94.1 MHz was measured at
72,800 microvolts per meter (uV/m) at 3 meters. This exceeds the allowable
unlicensed limit of 250 uV/m at 3 meters established in Part 15. 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 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 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.
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005