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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION 1 

New York Office
201 Varick Street, Suite 1151
New York, New York 10014
212-337-1865

April 25, 2016


Charles Atkins
Paterson, New Jersey

NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-15-00019211
	Document Number:  W201632380036

The New York Office received information that an unlicensed broadcast
radio station on 90.9 
MHz was allegedly operating in Paterson, New Jersey.  On January 20 and
April 20, 2016, 
agents from this office confirmed by direction finding techniques that
radio signals on frequency 
90.9 MHz were emanating from 437 E 30th Street, Paterson, New Jersey.
The Commission's 
records show that no license was issued for operation of a broadcast
station on 90.9 MHz at this 
location in Paterson, New Jersey.

Radio stations operating on many frequencies, including 90.9 MHz, 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 or mode of operation
that complies with the 
standards established in Part 15 of the Commission's rules, 47 C.F.R. 
15.1 et seq.  The field 
strength of the signal on frequency 90.9 MHz was measured at 512,607
microvolts per meter 
(æV/m) at 3 meters, which exceeded the maximum permitted level of 250
æV/m at 3 meters for 
non-licensed devices.  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 
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.  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.  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.


 
David C. Dombrowski
Regional Director
Region 1
Enforcement Bureau
Federal Communications Commission




Attachments:
	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet", March 2005
FCC Enforcement Advisory - Warning: Unauthorized Radio Broadcasting is
Illegal, 
March 1, 2016