Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
(301) 725-1996
November 1, 2017
Vladimir Rosario
Bronx, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00024805
On September 13, 2017, Agents from the New York Office of the Federal Communications
Commission’s (FCC or Commission’s) Enforcement Bureau (Bureau) investigated an unlicensed
FM station operating on the frequency 104.7 MHz in Bronx, New York. The Agents confirmed
by direction finding techniques that radio signals on frequency 104.7 MHz were emanating from
a residential property on McClellan Street, Bronx, New York. The Commission’s records show
that no license was issued for operation of a radio station on 104.7 MHz at this location in Bronx,
New York. You identified yourself as the operator of the radio station and acknowledged that
you had no authorization to operate the radio station.
Radio stations operating on a range of frequencies,
1
including 104.7 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 104.7 MHz was found to
exceed 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 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
6
5 U.S.C. § 552a(e)(3).