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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
July 9, 2010
Estate of Gilberto Morales
Miami, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-MA-0104
Document Number: W201032600056
The Miami Office received information that an unlicensed broadcast radio
station on 88.7 MHz was allegedly operating in the Miami area. On May 25,
2010 and June 27, 2010, agents from this office confirmed by direction
finding techniques that radio signals on frequency 88.7 MHz were emanating
from a residential property at NW 18th Avenue in Miami, Florida. According
to Miami-Dade property records, you are the owner of this residential
property. The Commission's records show that no license was issued for
operation of a broadcast station on 88.7 MHz at this location in 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. One June 27, 2010, the field strength
of the signal on frequency 88.7 MHz was measured at 7,174 microvolts per
meter (uV/m) at 463 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 or providing services and
facilities incidental to the operation of an unlicensed radio transmitter
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.
Steven DeSena
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005