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                       ENFORCEMENT BUREAU
                        Northeast Region

                         New York Office
                        201 Varick Street
                       New York, NY 10014

                        January 11, 2006

Devon Johnson
Everette Martin
South Ozone Park, NY 11420


                                   Case Number:  EB-05-NY-345
                                   Document Number:  W20063238009

The New York Office received information that an unlicensed 
broadcast radio station on 90.5 MHz was allegedly operating in 
Spring Valley, NY.  On December 17, 2005, an agent from this 
office confirmed by direction finding techniques that radio 
signals on frequency 90.5 MHz were emanating from your property 
in Spring Valley, NY.  The Commission's records show that no 
license was issued for operation of a broadcast station at this 
location on 90.5 MHz in Spring Valley, NY.

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 that 
complies with the standards established in Part 15 of the 
Commission's rules, 47 C.F.R.  15.1 et seq.  Your operation on 
frequency 90.5 MHz was measured at 11,035 microvolts per meter 
(V/m) at 225 meters.  This exceeds the allowable unlicensed 
limit of 250 microvolts per meter (V/m) at 3 meters established 
in Part 15.  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 
owner of this illegal operation 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.

Daniel W., Noel
District Director 
New York Office

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