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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                        NORTHEAST REGION

                         Detroit Office
                      24897 Hathaway Street
                   Farmington Hills, MI 48335

                          July 8, 2005              

CERTIFIED MAIL NO: 7003 1680 0001 9977 1616
RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Frederick Sanders
Benton Harbor, Michigan 

                 NOTICE OF UNLICENSED OPERATION

                                   Case Number:  EB-05-DT-244
                                   Document Number:  W20053236002

The Detroit  Office  received  a  complaint  that  an  unlicensed 
broadcast radio station  on 93.3 MHz  was allegedly operating  in 
Benton Harbor,  Michigan.   On June  6,  2005, agents  from  this 
office received signals from the station operating on 93.3 MHz at 
least five miles away from  your residence.  Agents confirmed  by 
direction finding techniques that radio signals on the  frequency 
93.3 MHz  were emanating  from your  residence in  Benton  Harbor 
Michigan.  The  Commission's records  show  that no  license  was 
issued for operation of a broadcast  station on 93.3 MHz at  this 
location in Benton Harbor, Michigan.  

Radio stations must be licensed by the FCC pursuant to 47  U.S.C. 
§ 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.  §§  15.1  et  seq.   During  the 
inspection of your unlicensed station operating on frequency 93.3 
MHz, the transmitter output power  was measured at 75 watts.  The 
maximum permitted field strength for a transmitter compliant with 
Part 15 is  250 µV/m measured  at 3 meters.   It does not  appear 
that your  station  complies  with the  maximum  permitted  field 
strength  permitted  under  Part  15.   Thus,  this  station   is 
operating in violation of 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  47 U.S.C. §  301 and could  subject the owner  of 
this illegal operation  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. §§  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. §  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 A. Bridgewater
District Director 
Detroit Office





Attachments:
     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003