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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                         WESTERN REGION

                          Denver Office
                215 S. Wadsworth Blvd., Suite 303
                    Lakewood, CO  80226-1566
                                      

                         August 2, 2005

Certfied Mail # 7001 0320 0004 8142 7708
Return Receipt Requested

Rhett Frances Spencer
Heber City, Utah


                 NOTICE OF UNLICENSED OPERATION

                                            Case Number:  EB-05-
DV-076
                                   Document Number:  W20053280003

The Denver Office received information that an unlicensed 
broadcast radio station on 106.7 MHz was allegedly operating in 
Heber City, Utah.  On June 28, 2005, an agent from this office 
confirmed by direction finding techniques that radio signals on 
frequency 106.7 MHz were emanating from a building on 910 South 
in Heber City, Utah.  The Commission's records show that no 
license has been issued for operation of a broadcast station at 
this location on 106.7 MHz in Heber City, Utah.   

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.  A Denver agent 
measured the field strength of the signal on frequency 106.7 MHz 
at 9,233 microvolts per meter (µV/m) at 3 meters, exceeding the 
maximum permitted level of 250 µV/m at 3 meters for a non-
licensed device.  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 forfeitures, 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.



Nikki P. Shears 
District Director 
Denver Office




Attachments:  
     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", March 2005