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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201 Varick Street
New York, NY 10014
October 24, 2008
Eight Friends Limo Service, Inc.
Newark, NJ
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-NY-0378
Document Number: W200932380003
The New York Office received a complaint from an FCC licensee of
interference on the frequency 469.450 MHz. On October 22, 2008, an agent
from this office monitored the frequency 469.450 MHz and found the
frequency being used at your location at 528 Market Street, Newark, NJ
07105. On October 23, 2008, the agent monitored the frequency 469.450 MHz
and again found the frequency being used at your location at 528 Market
Street, Newark, NJ 07105. The agent then conducted an inspection and
confirmed that the frequency 469.450 MHz was being used by both your base
station and mobile units. Radio transmitting equipment, including
broadcast stations, must be licensed by the FCC. The only exception to
this licensing requirement is for certain transmitters using or operating
at a power level that complies with the standards established in Part 15
of the Commission's rules. For example, Section 15.239 of the Commission's
Rules permits non-licensed operation of broadcast stations that transmit
on a frequency between 88 and 108 MHz to operate at a field strength of
250 uV/m as measured at a distance of three meters from the transmitting
antenna. Different field strength limits apply to stations operating on
other frequencies. The Commission's records show that no license was
issued for operation on this frequency at this location.
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. 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