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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
San Juan Office
Room 762
Federal Building
Hato Rey, PR 00918
February 5, 2008
Jaime Colon Santiago
Arecibo, Puerto Rico
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-SJ-001
Document Number: W200832680001
The San Juan Office received information that an unlicensed broadcast
radio station on 97.9 MHz was allegedly operating in Arecibo, Puerto Rico.
On February 4, 2008, agents from this office confirmed by direction
finding techniques that radio signals on frequency 97.9 MHz were emanating
from a residence in Arecibo, Puerto Rico. The Commission's records show
that no license was issued for operation of a broadcast station on 97.9
MHz at this location in Arecibo, Puerto Rico. You admitted to the agents
from this office that you were operating this radio station from your
residence and suspended operations immediately.
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 97.9 MHz was measured at 6,000 microvolts per meter (uV/m) at
116 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 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.
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.
William Berry
Resident Agent
San Juan Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003