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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
August 17, 2017
Lawrence Mason
East Orange, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00023358
The New York Office of the Federal Communications Commission’s (FCC or Commission’s)
Enforcement Bureau (Bureau) received a complaint of an unlicensed FM station operating on the
frequency 107.9 MHz in East Orange, New Jersey. On July 7, 2017, Agents from the New York
Office confirmed by direction finding techniques that radio signals on frequency 107.9 MHz
were emanating from 470 Park Avenue, East Orange, New Jersey. You said you are the
superintendent of the building at that address and consented to installation of the unlicensed
station. The Commission’s records show no license issued for operation of a radio station on
107.9 MHz at this location in East Orange, New Jersey.
Radio stations operating on a range of frequencies,
1
including 107.9 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 the signal on frequency 107.9 MHz was measured at
3,393 microvolts per meter (µV/m) at 563.81 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
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
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
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).