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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
              
June 22, 2017
Efrain Lanchi Ortega
Queens, New York
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDNER-17-00024174
In response to a complaint, on April 19 and June 13, 2017, Agents from the New York Office of 
the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau
(Bureau) investigated an unlicensed FM station operating on the frequency 95.9 MHz in Queens, 
New York.  The Agents confirmed by direction finding techniques that radio signals on 
frequency 95.9 MHz were emanating from 96-10 37
th
Avenue, Queens, New York 11368. The 
Agents heard the radio station identify itself as “Radio Xplosion Hits.”  Later, through 
investigation, the Agents identified you as the operator of this station on 95.9 MHz FM.  The 
Commission’s records show no license issued for operation of a radio station on 95.9 MHz at 
this location in Queens, New York.  
FM radio stations operating from 88-108 MHz, including 95.9 MHz, must be licensed by the 
Commission pursuant to Section 301 of the Communications Act of 1934, as amended (Act).
1
  
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.
2
The field strength of your signal on frequency 95.9 MHz was measured at 
540,225 microvolts per meter (µV/m) at 194 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 Section 301 of the Act.
3
  
                                                
1
47 U.S.C. § 301.  
2
47 CFR §§ 15.1 et seq.   
3
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.
4
  
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 Commission.  Your response should be sent to the address in 
the letterhead and reference the listed case number.  Under the Privacy Act of 1974,
5
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 
Commission 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
                                                
4
See 47 U.S.C. §§ 401, 501, 503 and 510.
5
5 U.S.C. § 552a(e)(3).