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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 30, 2017
Sean Marshall
Bronx, New York
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDNER-16-00022165
On June 12, 2017, Agents from the New York Office (New York Office) of the Federal 
Communications Commission’s (FCC or Commission’s) Enforcement Bureau (Bureau) 
conducted a follow-up investigation into the complaint of an unlicensed FM station operating on 
the frequency 98.9 MHz in Bronx, New York.  The Agents confirmed by direction finding 
techniques that radio signals on frequency 98.9 MHz were still emanating from an apartment on 
E. 243rd Street, Bronx, New York. The Commission’s records show no license issued for 
operation of a radio station on 98.9 MHz at this location in Bronx, New York. At the time of the 
New York Office’s initial investigation on April 18, 2017, you admitted to the Agents that you 
were the operator of the radio station on 98.9 MHz and acknowledged that you had no 
authorization to operate the radio station.  
Radio stations on a range of frequencies,
1
including 98.9 MHz, must be licensed by the FCC 
pursuant to Section 301 of the Communications Act of 1934, as amended (Act).
2
  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.
3
The field strength of your signal on frequency 98.9 MHz was measured at 
6,294 microvolts per meter (µV/m) at 515.24 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.
4
  
                                                
1
47 CFR § 73.201.  
2
47 U.S.C. § 301.  
3
47 CFR §§ 15.1 et seq.   
4
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.
5
  
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,
6
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
                                                
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
6
5 U.S.C. § 552a(e)(3).