Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                                New York Office

                               201 Varick Street

                               New York, NY 10014

                                February 7, 2008

   Desmond Francis

   Paterson, NJ

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-08-NY-033

   Document Number: W20083238031

   The New York Office received information that an unlicensed broadcast
   radio station on 95.3 MHz was allegedly operating in Paterson, New Jersey.
   On January 31, 2008, agents from this office confirmed by direction
   finding techniques that radio signals on frequency 95.3 MHz were emanating
   from your residence in Paterson, New Jersey. The Commission's records show
   that no license was issued for operation of a broadcast station on 95.3
   MHz at this location in Paterson, New Jersey.

   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. S:S:  15.1 et seq. The field strength of the signal on
   frequency 96.1 MHz was measured at 1,825 microvolts per meter (uV/m) at
   756 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. S:S: 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.

   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