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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Miami Office
P.O. Box 520617
Miami, FL 33152
September 10, 2008
MSRH Boardwalk, LLC
Sunrise, FL
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-MA-0137
Document Number: W200832600064
The Miami Office received information that an unlicensed broadcast radio
station on 90.5 MHz was allegedly operating in Sunrise, FL. On September
5, 2008, agents from this office confirmed by direction finding techniques
that radio signals on frequency 90.5 MHz were emanating from the rooftop
of The Boardwalk at Inverrary apartment complex in Sunrise, FL. According
to the state of Florida property records, you are the owner of this
apartment complex. The Commission's records show that no license was
issued for operation of a broadcast station on 90.5 MHz at this location
in Sunrise, FL.
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 90.5 MHz was measured at 68,803 microvolts per meter (uV/m) at
266 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.
Michael Mattern
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005