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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
San Juan Office
Room 762
Federal Building
Hato Rey, Puerto Rico 00918
March 29, 2010
Alexander Rodriguez
Carolina, Puerto Rico
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-SJ-0011
Document Number: W201032680004
The San Juan Office received information that an unlicensed broadcast
radio station on 90.9 MHz was allegedly operating in Carolina, Puerto
Rico. On March 22, 2010 and March 23, 2010 agents from this office
confirmed by direction finding techniques that radio signals on frequency
90.9 MHz were emanating from your house located in, Carolina, Puerto Rico.
You admitted to an agent from this office that you are the owner and
operator of this station. The Commission's records show that no license
was issued for operation of a broadcast station on 90.9 MHz at this
location. Subsequent to the inspection, you voluntarily ceased
broadcasting.
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 90.9 MHz was measured at 4,000 microvolts per meter (uV/m) at
116 meters, which exceeded the maximum permitted level of 250 uV/m at 3
meters for non-licensed devices. Thus, this station is 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 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.
William Berry
Resident Agent
San Juan Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005