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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 28, 2017
Julian R. Gutierrez
Yonkers, New York
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDNER-17-00024799
On August 2, 2017, Agents from the New York Office (New York Office) of the Federal 
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) 
responded to a complaint of an unlicensed FM station operating on the frequency 90.9 MHz in 
Bronx, New York. The Agents confirmed by direction finding techniques that radio signals on 
frequency 90.9 MHz were emanating from 1750 Grand Avenue, Bronx, New York. The 
Commission’s records show that no license was issued for operation of a radio station on 90.9
MHz at this location in Bronx, New York.  You identified yourself to the Agents and you 
acknowledged that you had no authorization to operate the radio station.  
Radio stations operating on a range of frequencies,
1
including 90.9 MHz, must be licensed by the 
FCC pursuant to Section 301 of the Communication 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 90.9 MHz was measured at
3,982 microvolts per meter (µV/m) at 402 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, or in violation of the Commission’s RF radiation limits, 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
  
                                                
1
47 CFR § 73.201.  
2
47 U.S.C. § 301.  
3
47 CFR §§ 15.1 et seq.   
4
47 U.S.C. § 301.
5
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 Commission.  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 
Commission’s 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
                                                
6
5 U.S.C. § 552a(e)(3).