Below is the only written communication ever received from the FCC.
You may notice that it does not make a demand to cease operation.
It is a non-judicial opinion. It carries no inherent authority.
It was refuted and no further response was received.
EXCEPT WITH AN ARMED SWAT TEAM!
dollars worth of broadcasting equipment
was taken without the requisite due process of law.
Funk and Wagnalls New Practical Standard Dictionary (1946)
FEDERAL COMMUNICATIONS COMMISSION
Mr Art L. Kobres
Dear Mr Kobres:
This is in reference to your operation of a radio transmitter on 96.7 MHz from your residence at 18510 Lake Shore Dr., Lutz, FL, without a license issued by the Federal Communications Commission. This operation was first observed on October 31, 1995, and subsequently on November 1, November 3, November 6, and November 7, 1995. The station was broadcasting talk shows and some advertisements.
On November 3, 1995, engineers from this office attempted to inspect your radio station but you refused to allow the inspection. Failure to allow an agent of the Federal Communications Commission to inspect your radio station is a violation of Section 303(n) of the Communications Act of 1934, as amended. At that time you admitted the operation on 96.7 MHz and continued to operate. Also, you stated that you did not have a license or any kind of operating authority from the FCC. You explained to the FCC engineers at that time that you had tried to operate according to Part 15 of FCC Rules requirements before but that the signal did not go far enough and for that reason increased the operating power. You refused to reveal your present operating power. Your attention is directed to the provisions of Section 301 of the Communications Act of 1934, as amended, and the Commission's Rules and Regulations governing the operation of radio transmitting equipment.
Under the Communications Act and the Commission's Rules and Regulations, radio transmitting apparatus, other than certain low powered devices operated in accordance with Part 15 of the Commission's Rules, may be operated only upon issuance by this Commission of a station license covering such apparatus.
Unlicensed operation may subject the operator to serious penalties provided for in the Communications Act, including for a first offense a maximum fine of $10,000 or 1 year imprisonment, or both, and for subsequent offenses a fine of $10,000 or 2 years imprisonment, or both.
Because unlicensed operation creates a definite danger of interference to important radio communication services and impedes the orderly distribution and protection of the spectrum, it may subject the operator to the penalties provided for in the Communications Act. The importance of complying strictly with the legal requirements mentioned above is emphasized.
You are hereby requested to submit in writing to this office, within ten days of receipt of this letter, a statement concerning the failure to permit an inspection and the unauthorized operation mentioned above.
To see response to above letter click here