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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
July 16, 2008
R. Bryce Gray, Jr.
Oakland Park, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-MA-037/061
Document Number: W200832600055
The Miami Office received information that an unlicensed broadcast radio
station on 101.9 MHz was allegedly operating in the Oakland Park area. On
March 4, 2008, agents from this office confirmed by direction finding
techniques that radio signals on frequency 101.9 MHz were emanating from
an antenna mounted on a pole at 4631 NW 8th Ave., Oakland Park, Florida,
next to door labeled 4641. On March 14, 2008, agents from this office
confirmed by direction finding techniques that radio signals on frequency
89.5 MHz were also emanating from another antenna mounted on an antenna
structure at the same property. On June 3, 2008, an agent confirmed by
direction finding techniques that radio signals on frequency 101.9 MHz
were the only radio signals emanating from this property. According to
Florida records, you are the owner of this property. The Commission's
records show that no license was issued for operation of a broadcast
station on 89.5 MHz or 101.9 MHz at this location in Oakland Park,
Florida.
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 strengths of the signals on
frequencies 89.5 MHz and 101.9 MHz were measured at 45,097 microvolts per
meter (uV/m) and 21,437 uV/m at 298 meters and 380 meters, respectively,
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.
Stephanie Dabkowski
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005