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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                        NORTHEAST REGION

                         New York Office
                        201 Varick Street
                       New York, NY 10014

                        January 25, 2006


Arlene Capell
Newark, NJ

                 NOTICE OF UNLICENSED OPERATION

                                   Case Number:  EB-06-NY-008
                                   Document Number:  W20063238014

The New York Office received information that an unlicensed 
broadcast radio station on 102.3 MHz was allegedly operating in 
Newark, NJ.  On January 14, 15, and 16, 2006, an agent from this 
office confirmed by direction finding techniques that radio 
signals on frequency 102.3 MHz were emanating from your 
residence.  The Commission's records show that no license was 
issued for operation of a broadcast station on 102.3 MHz at this 
location in Newark, NJ.

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 102.3 MHz was measured 
at 14,495 µV/m at 450 meters, which exceeded the maximum 
permitted level of  250 microvolts per meter (µV/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.



Daniel W. Noel
District Director 
New York Office





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