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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
November 12, 2008
Nathalien Narcisse
West Palm Beach, Florida
NOTICE OF UNLICENSED OPERATION
Case Numbers: EB-08-MA-0172/0206
Document Number: W200932600021
The Miami Office received information that an unlicensed broadcast radio
station on 101.1 MHz was allegedly operating in the West Palm Beach area.
On September 29, 2008, agents from this office confirmed by direction
finding techniques that radio signals on frequency 101.1 MHz were
emanating from an antenna mounted on the roof of The Harvey Building, 224
Datura Street, West Palm Beach, Florida. This office has received
information that the radio signals were originating from an FM transmitter
located in a suite which you lease. The Commission's records show that no
license was issued for operation of a broadcast station on 101.1 MHz at
this location in West Palm Beach, 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 101.1 MHz was measured at 431,502 microvolts per meter (uV/m) at
274 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 NOT RESUME.
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.
Steven DeSena
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005