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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
October 20, 2017
Cesar Gerlens
Everett, Massachusetts
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00024874
EB-FIELDNER-17-00025342
EB-FIELDNER-17-00025344
On August 2, 2017, Agents from the Boston Office (Boston 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 92.1 MHz in 
Brockton, Massachusetts.  The Agents confirmed by direction finding techniques that radio 
signals on frequency 92.1 MHz were emanating from a residential property at 22-24 Cherry 
Street, Brockton, Massachusetts.  The Commission’s records show that no license was issued for 
operation of a radio station on 92.1 MHz at this location in Brockton, Massachusetts. The 
Boston Office investigated and determined you are the owner or operator of the FM broadcast 
station on 92.1 MHz in Brockton, Massachusetts.
On September 18 and 19, 2017, Agents from the Boston Office responded to a complaint of an 
unlicensed FM station operating on the frequency 92.1 MHz in Boston, Massachusetts.  The 
Agents confirmed by direction finding techniques that radio signals on frequency 92.1 MHz were 
emanating from a residential property on Vine Street in Everett, Massachusetts.  The 
Commission’s records show that no license was issued for operation of a radio station on 92.1 
MHz at this location in Everett, Massachusetts. During an inspection, you admitted to the 
Agents that you are the operator of the FM broadcast station on 92.1 MHz in Everett 
Massachusetts. 
On September 21 and 22, 2017, Agents from the Boston Office investigated the operation of an 
unlicensed FM station operating on the frequency 92.1 MHz in Randolph, Massachusetts.  The 
Agents confirmed by direction finding techniques that radio signals on frequency 92.1 MHz were 
emanating from a residential property on Himoor Circle in Randolph, Massachusetts.  The 
Commission’s records show that no license was issued for operation of a radio station on 92.1 
MHz at this location in Himoor, Massachusetts. The Boston Office investigated and determined 
you are the owner or operator of the FM broadcast station on 92.1 MHz in Randolph, 
Massachusetts. 
On September 23, 2017, Agents from the Boston Office responded to a complaint of an 
unlicensed FM station operating on the frequency 90.1 MHz in Mattapan, Massachusetts.  The 
Agents confirmed by direction finding techniques that radio signals on frequency 90.1 MHz were 
emanating from a residential property on Duke Street, Mattapan, Massachusetts.  The 
Commission’s records show that no license was issued for operation of a radio station on 90.1 
MHz at this location in Mattapan, Massachusetts. The Boston Office investigated and 
determined you are the owner or operator of the FM broadcast station on 90.1 MHz in Mattapan, 
Massachusetts. 
Radio stations operating on a range of frequencies,
1
including 92.1 MHz and 90.1 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 or mode of operation that complies with the standards established in 
Part 15 of the Commission’s rules.
3
Agents measured the field strength of the signal on the 
frequencies 90.1 MHz and 92.1 MHz for each station and found that it exceeded the maximum 
permitted level of 250 µV/m at 3 meters for non-licensed devices.  Thus, these four stations were
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 will subject the 
operator to severe penalties, including, but not limited to, in rem seizure of the offending radio 
equipment without further notice, substantial fines, and criminal sanctions, including 
imprisonment.
5
  
UNLICENSED OPERATION OF THESE RADIO STATIONS MUST BE 
DISCONTINUED IMMEDIATELY AND MUST NOT RESUME.
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.
                                                
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.
6
5 U.S.C. § 552a(e)(3).
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