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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Tampa Office
2203 N. Lois Ave., Suite 1215
Tampa, FL 33607
July, 25, 2006
Samuel Preval
Miami, FL 33150
NOTICE OF UNLICENSED OPERATION
Case Number: EB-06-TP-199
Document Number: W20063270003
The Tampa Office received information that an unlicensed broadcast radio
station on 96.3 MHz was allegedly operating in Tampa, FL. On June 2, June
16 and June 28, 2006, agents from this office confirmed by direction
finding techniques that radio signals on frequency 96.3 MHz were emanating
from a residence in Tampa, FL. The Commission's records show that no
license was issued for operation of a broadcast station on 96.3 MHz at
this location in Tampa, FL.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 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. SS 15.1 et seq. On June 2, 2006 the field strength of
the signal on frequency 96.3 MHz was measured at 117,951 microvolts per
meter (uV/m) at 188.1 meters, which exceeded the maximum permitted level
of 250 uV/m at 3 meters for non-licensed devices. On June 16, 2006 the
field strength of the signal on frequency 96.3 MHz was measured at 101,845
microvolts per meter (uV/m) at 188.1 meters, which exceeded the maximum
permitted level of 250 uV/m at 3 meters for non-licensed devices. On June
28, 2006 the field strength of the signal on frequency 96.3 MHz was
measured at 112,266 microvolts per meter (uV/m) at 204.8 meters, which
exceeded the maximum permitted level of 250 uV/m at 3 meters for
non-licensed devices. Thus, this station is operating in violation of 47
U.S.C. S 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. SS 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. S
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.
Ralph M. Barlow
District Director
Tampa Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003