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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Miami Office
P.O. Box 520617
Miami, FL 33152
June 25, 2010
Maincius Alce
West Palm Beach, FL
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-MA-0113 / 0114
Document Number: W201032600053
The Miami Office received information that two unlicensed broadcast radio
stations on 106.9 MHz and 100.1 MHz were allegedly operating in West Palm
Beach, FL. On June 15, 2010, agents from this office confirmed by
direction finding techniques that radio signals on frequencies 100.1 MHz
and 106.9 MHz were emanating from antennas at your residential property.
During the inspection, you stated that you are the owner of this property.
Public records confirm that you are the owner of this property. The
Commission's records show that no license was issued for operation of a
broadcast station on 100.1 MHz or 106.9 MHz at this location in West Palm
Beach, FL.
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 signals on
frequencies 106.9 MHz and 100.1 MHz were measured at 4,497 and 8,832
microvolts per meter (uV/m) at 610 meters, respectively. Both stations
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 BE DISCONTINUED
IMMEDIATELY.
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.
Michael Mattern
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005