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                       ENFORCEMENT BUREAU
                        NORTHEAST REGION

                          Boston Office
                       1 Batterymarch Park
                        Quincy, MA 02169

                         October 7, 2005

Gary Toussaint
Dorchester, MA


                                   Case Number:  EB-05-BS-077
                                   Document Number:  W20063226002

The FCC Boston Office received information that an unlicensed 
broadcast radio station on 102.9 MHz was allegedly operating in 
Dorchester, MA.  On August 23, 2005 agents from this office 
confirmed by direction finding techniques that radio signals on 
frequency 102.9 MHz were emanating from your transmitter site 
located at 452 Norfolk St. in Dorchester, MA.  The Commission's 
records show that no license was issued for operation of a 
broadcast station on 102.9 MHz at this location in Dorchester, 

Radio stations 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 102.9 MHz was measured 
at 40,000 V/m at 67 meters, which exceeded the maximum permitted 
level of 250 microvolts per meter (V/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).


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.

Dennis Loria
District Director 
Boston Office

     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003