FEDERAL COMMUNICATIONS COMMISSION

ENFORCEMENT BUREAU

WESTERN REGION

Los Angeles Office

18000 Studebaker Road, Suite 660

Cerritos, CA 90703

June 3, 2011

The Irvine Company

Irvine, CA, 92618

NOTICE OF UNLICENSED OPERATION

Case Number: EB-10-LA-0261

Document Number: W201132900009

The Los Angeles Office received information that an unlicensed repeater was operating on the frequency pair 462.5875/467.5875 MHz in Irvine, CA. On April 27, 2011, an agent from this office confirmed by direction finding techniques that radio signals on frequency 462.5875 MHz were emanating from Irvine Spectrum Center, 31 Fortune Drive, Irvine, CA. An inspection determined that portable radios used by the maintenance staff on 467.5875 MHz were simultaneously retransmitted on 462.5875 MHz by a Motorola Radius GR1225 repeater. The Commission’s records show that no license was issued for operation of a radio station at this location on 462.5875 MHz in Irvine, CA.

The frequencies 462.5875 MHz and 467.5875 MHz are available for use under the Family Radio Service (“FRS”). FRS is a land mobile radio service for two-way voice communications, used by family and friends, with a communications range of less than one mile. The repeater at the Irvine Spectrum Center cannot legally operate under FRS because it does not meet the technical regulations. The repeater, (1) was not certified for use under FRS, (2) employed an antenna that was not an integral part of the transmitter, and (3) was measured with a transmitter power output that, if connected to a no gain antenna, would produce an effective radiated power exceeding the 0.5 watt limit. (See 47 C.F.R. §§ 95.191, 95.193, 95.603, 95.639(d), and 95.647).

The frequency 462.5875 MHz is also available for use under the General Mobile Radio Service (“GMRS”). GMRS is a land mobile radio service available to persons for short-distance two-way communications to facilitate the activities of licensees and their immediate family members. The Irvine Company does not hold a GMRS license and, currently, only individuals are eligible to obtain a GMRS license. (See 47 C.F.R. §§ 95.1, 95.3, 95.5, and 95.621).

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. § 301. The Commission’s records show that no license was issued to The Irvine Company for operation of a GMRS station, and the station did not meet the technical regulations to operate as an FRS station. 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.

Nader Haghighat

District Director

Los Angeles Office

Western Region

Enforcement Bureau

Attachments:

Excerpts from the Communications Act of 1934, As Amended

Enforcement Bureau, "Inspection Fact Sheet," March 2005