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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201 Varick Street
New York, NY 10014
June 17, 2008
Sherwin Johnson
Brooklyn, NY
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-NY-0222
Document Number: W200832380059
The New York Office received information that an unlicensed broadcast
radio station on 88.1 MHz was allegedly operating in Brooklyn, NY. On May
31, 2008 and June 6, 2008, agents from this office confirmed by direction
finding techniques that radio signals from your station on frequency 88.1
MHz were emanating from your business located at 2294 Bedford Avenue,
Brooklyn, NY 11226. The Commission's records show that no license was
issued for the operation of your broadcast station on 88.1 MHz at this
location in Brooklyn, NY.
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 88.1 MHz was measured at 10,047 microvolts per meter (uV/m) at
520 meters, which exceeded the maximum permitted level of 250uV/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