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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
July 24, 2013
Allen A. Leon
Brooklyn, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-13-00010033
Document Number: W201332380048
The New York Office received information that an unlicensed broadcast
radio station on 102.3 MHz was allegedly operating in Brooklyn, New
York. On July 22, 2013, agents from this office confirmed by direction
finding techniques that radio signals on frequency 102.3 MHz were
emanating from 270 Parkside Avenue in Brooklyn, New York. The
Commission's records show that no license was issued for operation of a
broadcast station on 102.3 MHz at this location in Brooklyn, New York.
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. SS 15.1 et seq. The field strength of the signal on
frequency 102.3 MHz was measured at 298,806 microvolts per meter (uV/m) at
676.7 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. SS 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. You should
include the detail information of the owner's transmitter equipment (i.e.
full name, phone number and address). 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.
Stephen Maguire
District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005