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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
November 5, 2009
Inverrary Gardens Master Association, Inc.
Lauderhill, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-MA-0158
Document Number: W201032600009
The Miami Office received information that an unlicensed broadcast radio
station on 107.1 MHz was allegedly operating in Broward County, Florida.
On September 25, 2009, agents from this office confirmed by direction
finding techniques that radio signals on frequency 107.1 MHz were
emanating from an antenna on the roof of a building at the Fairways of
Inverrary in Lauderhill, Florida, a common area owned by the Inverrary
Gardens Master Association, Inc. The Commission's records show that no
license was issued for operation of a broadcast station on 107.1 MHz at
this location in Lauderhill, Florida.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level or mode of operation that
complies with the standards established in Part 15 of the Commission's
rules, 47 C.F.R. S:S: 15.1 et seq. The field strength of the signal on
frequency 107.1 MHz was measured at 17,286 uV/m at 306 meters, which
exceeded the maximum permitted level of 250 microvolts per meter (uV/m) at
3 meters for non-licensed devices. Thus, this station was operating in
violation of 47 U.S.C. S: 301.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization or providing services and
facilities incidental to the operation of an unlicensed radio transmitter
constitutes a violation of the Federal laws cited above and could subject
the operator to severe penalties, including, but not limited to,
substantial monetary fines, in rem arrest action against the offending
radio equipment, and criminal sanctions including imprisonment. (see 47
U.S.C. S:S: 401, 501, 503 and 510).
UNLICENSED OPERATION OF ANY RADIO STATION MUST NOT RESUME.
You have ten (10) days from the date of this notice to respond with any
evidence that you had authority to operate granted by the FCC or with the
steps you have taken to prevent the operation of any unlicensed radio
stations from the Fairways of Inverrary. 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. S: 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.
Stephanie Dabkowski
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005
cc: Steven A. Weinberg, Esq.
Labe Twerski
Motti Schapira