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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
May 18, 2017
Benjamin Klein
East Orange, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00023854
The New York Office received a complaint of an unlicensed FM station operating on the
frequency 94.3 MHz in East Orange, New Jersey. On March 21, 2017, an agent from the New
York Office confirmed by direction finding techniques that radio signals on frequency 94.3 MHz
were emanating from 115 Halsted Street, East Orange, New Jersey. The Commission’s records
show no license issued for operation of a radio station on 94.3 MHz at this location in East
Orange, New Jersey.
Radio stations operating on many frequencies, including 94.3 MHz, must be licensed by the FCC
pursuant to 47 U.S.C. § 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 CFR §§ 15.1 et seq. The field
strength of the signal on frequency 94.3 MHz was measured at 6,034 microvolts per meter
(µV/m) at 852.48 meters, which exceeded the maximum permitted level of 250 µV/m at 3 meters
for non-licensed devices. Thus, this station is operating in violation of 47 U.S.C. § 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. §§ 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 number. Under the Privacy Act of 1974, 5 U.S.C. §
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.
David C. Dombrowski
Regional Director
Region One
Enforcement Bureau
Federal Communications Commission
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005