FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU WESTERN REGION San Diego District Office 4542 Ruffner St., Suite 370 San Diego, California 92111 February 25, 2010 Phoenix Ranch Market 6730 West Camelback Road Glendale, AZ 85303 NOTICE OF UNLICENSED OPERATION Case Number: EB-09-SD-0124 Document Number: W201032940002 The San Diego Office received information that Phoenix Ranch Market was allegedly operating an unlicensed radio station on 462.625 MHz in Glendale, Arizona. On January 28, 2010, agents from this office confirmed through radio monitoring and an inspection of the radio equipment being used by the Phoenix Ranch Market security personnel that a station was operating on 462.625 MHz on your property in Glendale, Arizona. The Commission’s records show that no license was issued for operation of a radio station at this location on 462.625 MHz in Glendale, 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 462.625 MHz was on a General Mobile Radio Service (“GMRS”) frequency, which requires a license issued by the FCC to operate. Non-individual entities, such as Phoenix Ranch Market, are not eligible to obtain a license to operate on a GMRS frequency, unless the license was issued prior to July 31, 1987. 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 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. 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 District Office Western Region Enforcement Bureau Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet," March 2005