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
October 31, 2017
Migui Mora
Queens, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00023948
On October 3, 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 91.3 MHz in
Queens, New York. The Agent confirmed by direction finding techniques that radio signals on
frequency 91.3 MHz were emanating from 41-07 95
th
Street, Queens, New York. The Agent
heard the radio station identify itself as “La Bakana 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 91.3 MHz at this location in Queens, New York.
Radio stations operating on a range of frequencies,
1
including 91.3 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 that complies with the standards established in Part 15 of the Commission’s rules.
3
On
October 3, 2017, the field strength of the signal on frequency 91.3 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).