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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
San Juan Office
Room 762
Federal Building
Hato Rey, PR 00918
January 24, 2006
Academia Adventista del Oeste
Mayaguez, PR
NOTICE OF UNLICENSED OPERATION
Case Number: EB-05-SJ-042
Document Number: W20063268001
The San Juan Office received information that an unlicensed
broadcast radio station on 90.90 MHz was allegedly operating in
Mayayuez, Puerto Rico. On December 14, 2005, agents from this
office confirmed by direction finding techniques that radio
signals on frequency 90.90 MHz were emanating from Academia
Adventista del Oeste in Sector Cuba No. 1060, Mayaguez, Puerto
Rico and inspected your radio station. The Commission's records
show that no license was issued for operation of a broadcast
station on 90.90 MHz at this location in Mayaguez, Puerto Rico.
You admitted that you were operating your station without a
license and agreed to terminate operations.
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. Based
on the type of equipment in use at the station and the distance
over which your station's signal could be heard, the signal on
90.90 MHz exceeded Part 15 levels. Thus, this station was
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 NOT RESUME.
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.
William Berry
Resident Agent
San Juan Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003