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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
September 18, 2008
Simeon Abide
North Miami, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-MA-0165
Document Number: W200832600069
The Miami Office received information that an unlicensed broadcast radio
station on 91.9 MHz was allegedly operating in the North Miami area. On
September 11, 2008, agents from this office confirmed by direction finding
techniques that radio signals on frequency 91.9 MHz were emanating from an
antenna mounted on a balcony at the Portofino at Biscayne apartments in
North Miami, Florida. Information received by this office indicates you
are one of the operators of this station. The Commission's records show
that no license was issued for operation of a broadcast station on 91.9
MHz at this location in North Miami, 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 strength of the signal on
frequency 91.9 MHz was measured at 120,117 microvolts per meter (uV/m) at
56 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.
Stephanie Dabkowski
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005