NEWS
Report No. CI 98-5         COMPLIANCE AND INFO ACTION               April 15, 1998  
  
                                    
        FCC CLOSES DOWN UNLICENSED RADIO OPERATION IN CLEVELAND 
              CAUSING INTERFERENCE TO PUBLIC RADIO STATION
                                    
     The Federal Communications Commission (FCC), in cooperation with the U.S.
Marshals Service and with a court order, seized radio equipment that was being used by a
Cleveland area unlicensed radio station known as "WRCV-FM." The action took place on
March 27, 1998.

     A court complaint, filed in United States District Court on behalf of the FCC by the
U.S. Attorney for the Northern District of Ohio, charged that the unlicensed radio station
transmitted on 89.9 MHz, in violation of Section 301 of the Communications Act, and
interfered with the operations of non-commercial educational radio station, WKSU, licensed
on  89.7 MHz at Kent State University, Kent, Ohio.

     After receiving complaints about the station's operations, the FCC investigated and
determined the location of the transmissions.  An FCC official spoke to the station's
operator, Angel R. Dones, who admitted to operating the station without a license. The FCC
warned Dones that broadcasting unlicensed radio transmissions was illegal and could subject
the equipment to forfeiture under federal law.  An FCC follow-up investigation the next day 
revealed that "WRCV-FM" was still operating.

     Under federal law, radio stations may operate only upon the issuance of an FCC
license covering such equipment.  Title 47 U.S.C.  510 authorizes forfeiture to the federal
government of radio equipment used in transmissions by unlicensed stations, where the
equipment is used with willful and knowing intent to violate the federal law prohibiting
broadcasting without a license.

     Unlicensed radio transmissions, in general, can create a danger of interference to important
radio communications services.  Such illegal transmissions, using equipment of unknown technical
integrity, also raise concerns because they operate on channels directly adjacent to those used for
sensitive aviation communications and air navigation signals, thus increasing the potential for harmful
interference to these authorized radio operations.       






     In the past five months, the FCC closed down four unlicensed radio stations that created a
threat to public safety because the stations caused interference to communications between pilots and
air traffic controllers at airports in Sacramento, CA, Puerto Rico, Miami, and West Palm Beach, FL.

-  FCC -
                                        
News Media contact: David Fiske (202) 418-0513
Compliance and Information Bureau Contact: Pamera Hairston (202) 418-1160.

CIB TTY: (202) 418-2544.