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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO
Atlanta Regional Office
3600 Hiram Lithia Springs Rd SW
Powder Springs, GA 30127
October 12, 2017
Elizabeth Plaisime
Delray Beach, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDSCR-17-00025095
On July 18 and August 22, 2017, Agents from the Miami Office of the Federal Communications
Commission’s (Commission’s) Enforcement Bureau confirmed by direction finding techniques
that radio signals on frequency 95.1 MHz were emanating from a residential property located on
SW 9
th
Ct. in Delray Beach, Florida. Florida property records indicate that you are the owner of
this property. The Commission’s records show that no license was issued for operation of a
radio station at this location on 95.1 MHz in Delray Beach, Florida.
Radio stations operating on a range of frequencies,
1
including 95.1 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 that complies with the standards established in Part 15 of the Commission’s rules.
3
On
July 18, 2017, Agents made field strength measurements of the signal on frequency 95.1 MHz,
which exceeded the maximum permitted level of 250 microvolts per meter (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
seizure of the offending radio equipment, and criminal sanctions including imprisonment.
5
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY AND MUST NOT RESUME.
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.
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 the
Commission’s rules. This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Ronald D. Ramage
Regional Director
Region Two
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).