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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
2210 NW 82^nd Avenue
Miami, FL 33122
February 22, 2007
David F. Damerau
NationStorage, Inc.
812 NW 1st Street
Fort Lauderdale, FL 33311
NOTICE OF UNLICENSED OPERATION
Case Number: EB-06-MA-028
Document Number: W20073260005
On December 28, 2006, the Commission's Miami Office of the Enforcement
Bureau ("Miami Office") warned you in writing about the unauthorized
operation of a radio station on 99.5 MHz from Nation Storage, 812 NW 1^st
Street, Fort Lauderdale, FL 33311. According to property records,
NationStorage, Inc. is the owner of this property. On January 24, 2007,
agents from the Miami Office observed that the unlicensed broadcast radio
station on 99.5 MHz continues to operate from Nation Storage, 812 NW 1^st
Street, Fort Lauderdale, FL 33311. The Commission's records show that no
license was issued for operation of a broadcast station on 99.5 MHz at
this location in Fort Lauderdale, 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. The field strength of the signal on
frequency 99.5 MHz was measured at 134,840 uV/m at 161 meters, which
exceeded the maximum permitted level of 250 microvolts per meter (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 or with the
names of your tenants or other individuals who are operating an unlicensed
radio station from your property and the steps, if any, you have taken to
prevent such unlicensed activity. 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 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.
Gerardo Daubar
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003