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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Western Region
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
July 13, 2005
Overdrive Broadcasting
Flagstaff, Arizona 86001
NOTICE OF UNLICENSED OPERATION
Case Number: EB-04-
SD-198
Document Number:
W200532940002
The San Diego Office received information that an unlicensed
broadcast radio station on 1650 kHz was allegedly operating in
Flagstaff, Arizona. On May 17, 2005, agents from this office
confirmed by direction finding techniques that a radio
transmitter operating on the frequency 1650 kHz was located on
West University Street, Flagstaff, Arizona. The Commission's
records show that no license was issued for operation of a
broadcast station at this location on 1650 kHz in Flagstaff,
Arizona.
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. Your operation on
frequency 1650 kHz was measured at 7,400 microvolts per meter
(µV/m) at 122 meters. This exceeds the allowable unlicensed
limit of 14.5 µV/m at 30 meters established in 47 C.F.R. §
15.209(a). 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 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. §§ 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.
William R. Zears Jr.
District Director
San Diego Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003