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 FEDERAL  COMMUNICATIONS  COMMISSION  ENFORCEMENT  BUREAU 
 WESTERN  REGION 
 San  Francisco  Office  5653  Stoneridge  Drive,  Suite  105 
 Pleasanton,  CA  94588-  8543 


 April  7,  2006 
 Gabriel  A.  Garcia  San  Jose,  CA  95110 
 NOTICE  OF  UNLICENSED  OPERATION 
 Case  Number:  EB-  06-  SF-  037  Document  Number:  W20063296006 


 The  San  Francisco  Office  received  information  that  an  unlicensed  broadcast  radio  station  on  107.3  MHz  was  allegedly  operating  in  San  Jose,  CA.  On  March  2,  2006,  agents  from  this  office 
 confirmed  by  direction  finding  techniques  that  radio  signals  on  frequency  107.3  MHz  were  emanating  from  290A  S.  31  st  Street,  San  Jose,  CA  identifying  as  KNRG.  The  Commissions 
 records  show  that  no  license  was  issued  for  operation  of  a  broadcast  station  at  this  location  on  107.3  MHz  in  San  Jose,  CA. 


 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  Commissions  rules,  47  C.  F.  R.    15.1  et  seq.  Your  operation  on  frequency  107.3  MHz  was  measured  at  1,196  microvolts  per  meter 
 (V/  m)  at  560  meters.  This  exceeds  the  allowable  unlicensed  limit  of  250  V/  m  at  3  meters  established  in  Part  15.  Thus,  this  station  is  operating  in  violation  of  47  U.  S.  C.    301. 


 Spurious  radio  signals  associated  with  the  operation  of  this  station  were  detected  on  the  frequencies  of  118.6  MHz  and  131.01  MHz.  The  spurious  signals  are  within  the  radio  frequency 
 band  assigned  for  communications  between  aircraft  and/  or  aircraft  and  aviation  ground  facilities.  The  signal(  s)  may  present  a  safety  hazard  to  the  operation  of  aircraft  since  air/  ground 
 communications  could  be  affected. 
 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.    401,  501,  503  and  510). 
 UNLICENSED  OPERATION  OF  THIS  RADIO  STATION  MUST  BE  DISCONTINUED  IMMEDIATELY. 
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 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  Commissions  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. 


 Thomas  N.  Van  Stavern  District  Director 
 San  Francisco  Office 


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