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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 31, 2017
Efrain Lanchi Ortega
Queens, New York
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDNER-17-00024174
On October 2, 2017, an Agent 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 95.9 MHz in 
Queens, New York.  The Agent confirmed by direction finding techniques that radio signals on 
frequency 95.9 MHz were emanating from 35-20 97
th
Street, Queens, New York. The Agent 
heard the radio station identify itself as “Radio Xplosion Hits 95.9 FM.”  Through investigation, 
the Agent determined that you were the operator of the station.  The Commission’s records show 
no license issued for operation of a radio station on 95.9 MHz at this location in Queens, New 
York.  
Radio stations operating on a range of frequencies,
1
including 95.9 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 
October 2, 2017, the field strength of the signal on frequency 95.9 MHz exceeded the maximum 
permitted level of 250 microvolts per meter (µV/m) at 3 meters for non-licensed devices.  Thus, 
this station was 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, 
                                                
1
47 CFR § 73.201.
2
47 U.S.C. § 301.  
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
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 
Commission 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).