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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201 Varick Street
New York, NY 10014
(212) 337-1865
May 22, 2012
Madsen Audestin
Irvington, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-12-00002296
Document Number: W201232380037
The New York Office received information that an unlicensed broadcast
radio station on 87.9 MHz was allegedly operating in Irvington, New
Jersey. On May 7, 2012, an agent from this office confirmed by direction
finding techniques that radio signals on 87.9 MHz were emanating from your
residence in Irvington, New Jersey. The Commission's records show that no
license was issued for operation of a broadcast station on 87.9 MHz at
this location in Irvington, New Jersey.
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 87.9 MHz was measured at 596 microvolts per meter (uV/m) at 1319
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 or to
provide information on the operator. 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.
Luis Salazar
Acting District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005