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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
Boston Office
Suite 102
1 Batterymarch Park
Quincy, MA 02169
November 9, 2010
Patrick Fisher
Hyacinth Fisher
Bloomfield, CT
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-BS-0045
Document Number: W201132260005
The Boston Office received information that an unlicensed broadcast radio
station on 103.3 MHz was allegedly operating in Bloomfield, CT. On
September 21, 2010, agents from this office confirmed by direction finding
techniques that radio signals on frequency 103.3 MHz were emanating from
your residence in Bloomfield, CT. The Commission's records show that no
license was issued for operation of a broadcast station on 103.3MHz at
this location in Bloomfield, CT.
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 103.3 MHz was measured at 372,051 microvolts per meter (uV/m)
at 70 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 CEASE IMMEDIATELY.
Pursuant to 47 U.S.C. S: 403 and 47 C.F.R. S: 1.17, you are directed to
respond to the following questions and to provide any requested
documentation:
1. If you are the operator of the station, provide evidence that you have
authority to operate granted by the FCC.
2. If you are not the operators of the radio station or if there are
others involved in the station's operation, provide the name(s) of the
owner of the equipment and anyone else associated with the operation
of the stations as well as their contact information, including
mailing address and phone numbers.
3. If you are leasing the space that is used for the operation of the
radio station, provide any written lease agreement. If there is no
written lease agreement, provide the terms of the agreement for use of
the space.
(4) Provide the make and model number of the transmitters used for the
radio broadcasting.
(5) Provide any other information that may be relevant to this
inquiry.
Your response to this inquiry must be supported by a sworn statement
attesting to the truth and accuracy of the response. You should submit
your sworn response so that it is received at the following address no
later than twenty (20) days from the date of this letter.
Federal Communications Commission
1 Batterymarch Park, Suite 102
Quincy, MA 02169
To knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment. See 18 U.S.C. S: 1801; see also 47 C.F.R. S: 1.17. Failure
to respond appropriately to a Bureau directive constitutes a violation of
the Communications Act and our rules. See SBC Communications, Inc., Order
of Forfeiture, 17 FCC Rcd 7589 (2002); Globcom, Inc., Notice of Apparent
Liability for Forfeiture and Order, 18 FCC Rcd 19893, n. 36 (2003).
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.
Dennis Loria
District Director
Boston Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005