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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
NewYork Office
201 Varick Street Suite 1151
NewYork, NY 10014
(212)337-1865
April 5, 2005
Bethesda Church of God in Christ
Brooklyn, NY 11226-7601
NOTICE OF UNLICENSED OPERATION
Case Number: EB-05-NY-082
Document Number: W20053238021
The New York Office received information that an unlicensed
broadcast radio station on 88.1 MHz was allegedly operating in
Brooklyn, NY. On March 24, 2005, an agent from this office
confirmed by direction finding techniques that radio signals on
frequency 88.1 MHz were emanating from 1280 Flatbush Avenue,
Brooklyn, NY 11226-7601. The Commission's records show that no
license was issued for operation of a broadcast station at this
location on 88.1 MHz in Brooklyn, NY.
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 88.1 MHz was measured at 4260 µV/m at 354 meters. This
exceeds the allowable unlicensed limit of 250 microvolts per
meter (µV/m) at 3 meters established in Part 15. 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
owner of this illegal operation to severe penalties, including,
but not limited to, substantial civil forfeitures, a maximum
criminal fine of $10,000 and/or one year imprisonment, or arrest
of the equipment for the first offense (see 47 U.S.C. §§ 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 proof of your license or 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.
Daniel W. Noel
District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003