Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
305 Community Radio, Inc ) File No. EB-FIELDSCR-15-00020507
Licensee of Station WMIV-LP )
Facility ID: 191835 ) NOV No. V201632600003
Miami, Florida )
Released:  March 10, 2016
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the 
Commission’s rules (Rules),1 to 305 Community Radio, Inc (305 CRI), licensee of Low Power FM 
(LPFM) station WMIV-LP in Miami, Florida.  Pursuant to Section 1.89(a) of the Rules, issuance of this 
NOV does not preclude the Enforcement Bureau from further action if warranted, including issuing a 
Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.2
2. On December 9, 2015, and February 23, 2016, based on a complaint, agents of the 
Enforcement Bureau’s Miami Office monitored transmissions on 107.9 MHz from radio station WMIV-
LP and observed the following violation:
a. 47 C.F.R. § 73.845: “Each LPFM licensee is responsible for maintaining and 
operating its broadcast station in a manner that complies with the technical 
rules set forth elsewhere in this part and in accordance with the terms of the 
station authorization…”  WMIV-LP is authorized to operate on frequency 
107.9 MHz from coordinates 25° 45’ 18” N latitude and 080° 12’ 32” W 
longitude, with an antenna height of 45 meters.  On December 9, 2015, and 
again on February 23, 2016, agents determined that WMIV-LP was 
transmitting from the roof of a high-rise building at coordinates 25° 45’ 
54.40” N latitude and 080° 11’ 25.04” W longitude, with an antenna height 
of approximately 179 meters. 305 CRI personnel later admitted that it had 
been operating WMIV-LP from that building for approximately one year, 
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
Federal Communications Commission
without authorization.  Thus, 305 CRI was operating from a location which is 
1.33 miles from the authorized coordinates and with an antenna height which 
exceeds the authorized height by 134 meters.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and 
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial 
actions taken.  Therefore, 305 CRI must submit a written statement concerning this matter within twenty 
(20) days of release of this Notice.  The response (i) must fully explain each violation, including all 
relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken 
to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any 
pending corrective action(s).  The response must be complete in itself and must not be abbreviated by 
reference to other communications or answers to other notices.4  
4. In accordance with Section 1.16 of the Rules, we direct 305 CRI to support its response 
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized 
officer of 305 CRI with personal knowledge of the representations provided in 305 CRI’s response, 
verifying the truth and accuracy of the information therein,5 and confirming that all of the information 
requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been
produced.  To knowingly and willfully make any false statement or conceal any material fact in reply to 
this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.6
5. All replies and documentation sent in response to this Notice should be marked with the 
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Miami Office
P.O. Box 266468
Weston, FL 33326
6. This Notice shall be sent to 305 Community Radio, Inc. at its address of record.  
3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission 
and which is required by any law, rule or other regulation of the United States to be supported, evidenced, 
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the 
person making the same, may be supported, evidenced, established or proved by the unsworn declaration, 
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the 
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify, 
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”  47 
C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
Federal Communications Commission
7. The Privacy Act of 19747 requires that we advise you that the Commission will use all 
relevant material information before it, including any information disclosed in your reply, to determine 
what, if any, enforcement action is required to ensure compliance.  
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).