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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
September 11, 2017
Richard Clouden
Boston, Massachusetts
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-16-00021684
On August 14, 2017, Agents from the Boston Office (Boston Office) of the Federal
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau)
responded to complaints of an unlicensed FM station operating on the frequency 101.3 MHz in
Boston, Massachusetts. The Agents confirmed by direction finding techniques that radio signals
on frequency 101.3 MHz were emanating from your leased property at 614 Blue Hill Avenue,
Dorchester, Massachusetts. The Commission’s records show that no license was issued for
operation of a radio station on 101.3 MHz at this location in Dorchester, Massachusetts. The
Boston Office investigated and determined you are the owner or operator of the unlicensed FM
station on 101.3 MHz.
Radio stations operating on a range of frequencies,
1
including 101.3 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 101.3 MHz was measured
at 59,282 microvolts per meter (µV/m) at 202 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, 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
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 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).