March 14, 2024 BY UPS AND FIRST-CLASS MAIL George Miller Cedar Hill, TX 75103 NOTICE OF ILLEGAL PIRATE RADIO BROADCASTING Case Number: EB-FIELDSCR-23-00035457 The Dallas Office of the Federal Communications Commission’s (FCC) Enforcement Bureau is investigating a complaint about an unlicensed FM broadcast station operating on frequency 88.9 MHz. On June 29, 2023, agents from the Dallas Office confirmed by direction finding techniques that radio signals on frequency 88.9 MHz were emanating from the property at {[ ]} Rocky Acres Rd., Cedar Hill, TX 75104 (Property).1 Publicly available records identify you as the owner of the Property.2 The FCC’s records show no license issued for operation of a radio broadcast station on 88.9 MHz at this location. 1. Material set off by double brackets {[ ]} is confidential and is redacted from the public version of this document. 2. Dallas Central Appraisal District, https://www.dallascad.org{[ ]} (last visited Mar. 11, 2024). Radio broadcast stations operating on certain frequencies,3 including 88.9 MHz, must be licensed by the FCC pursuant to the Communications Act of 1934, as amended (Act).4 While the FCC’s rules create exceptions for certain extremely low-powered devices, our agents have determined that those exceptions do not apply to the transmissions they observed originating from the Property. Accordingly, the station operating on the Property may be violating the Act.5 3. 47 CFR § 73.201. 4. 47 U.S.C. § 301. 5. See, e.g., id. § 511. Under section 511(a) of the Act, persons or entities found to willfully and knowingly suffer (i.e., permit) a third party to engage in so-called “pirate radio” broadcasting on their property can face significant financial penalties.6 Accordingly, you are hereby notified and warned that the FCC may issue a fine of up to $2,391,097 if, following the response period set forth below, we determine that you have 6. Id. § 511(a). continued topermit anyindividual or entityto engageinpirate radio broadcasting fromtheproperty that youown ormanage.7 If you do notrespond to this Notice, the FCC may nonetheless determine that, as a legalmatter, youhave sufficient knowledge of the above-referenced pirate radio activity to support enforcementaction against you. Service ofthis Noticeto you or your agent establishesthefoundation, along withother evidence, that could lead tosignificant financial penalties. You have ten (10)businessdays fromthedate of thisNoticeto respondby providingevidence thatyou are no longerpermitting pirateradio broadcasting to occuratthe Property. In addition, we requestthatyouidentify theindividual(s)engaged in pirate radio broadcasting onthe property that you own ormanage. Your response should be sentto the address in the letterhead and reference the listedcase number. Underthe Privacy Act of 1974,8we areinforming you that theFCC’sstaff will use allrelevantmaterial information before itto determine what, if any, enforcement actionisrequired toensure yourcompliance with theFCC’srules. This will include any information that you disclose in your reply. You may contact thisoffice if you have any questions. Dedrick RoybiskieRegional Director, Region TwoFCC Enforcement Bureau Enclosures: Excerptsfromthe Communications Act of1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", March 2005 7See 47 CFR § 1.80(b)(6) (setting the current inflation adjusted statutory maximum for aviolation of47 U.S.C. § 511(a) at $2,391,097 and 47 U.S.C. § 511(b) at$119,555);Amendment of Section 1.80(b) of the Commission’sRules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 23-1198,2023 WL 8889597, at *7 (EB Dec. 22, 2023);see alsoAnnual Adjustment of Civil Monetary Penalties to Reflect Inflation,89Fed. Reg.2148(Jan.12,2024) (setting January 15,2024, as the effective date for the increases). 85 U.S.C. § 552a(e)(3).