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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
November 12, 2009
Hector Carey
Fort Lauderdale, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-MA-0171
Document Number: W201032600014
The Miami Office received information that an unlicensed broadcast radio
station on 103.9 MHz was allegedly operating in the Fort Lauderdale area.
On October 15, 2009, and November 10, 2009, agents from this office
confirmed by direction finding techniques that radio signals on frequency
103.9 MHz were emanating from an antenna on the property , Fort Lauderdale, Florida. Public records list you as the owner
of the property. The Commission's records show that no license was issued
for operation of a broadcast station on 103.9 MHz at this location in Fort
Lauderdale, 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 103.9 MHz was measured at 58,532 microvolts per meter (uV/m) at
169 meters and 13,946 uV/m at 393 meters on October 15, 2009, and November
10, 2009, respectively, which exceeded the maximum permitted level of 250
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 THIS RADIO STATION MUST NOT RESUME.
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.
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