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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO
Atlanta Regional Office
3600 Hiram Lithia Springs Rd SW
Powder Springs, GA 30127
November 20, 2017
Handsome Jimmy Fanning
Legendz Tattoo and Smoke Shop
Vero Beach, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDSCR-17-00024998
On October 31, 2017, Agents from the Miami Office (Miami Office) of the Federal 
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) 
confirmed by direction finding techniques that radio signals on frequency 90.5 MHz were 
emanating from your business, Legendz Tattoo and Smoke Shop, located at 1414 16
th
St., Vero
Beach, Florida 32960.  The Commission’s records show that no license was issued for operation 
of a broadcast station on 90.5 MHz at this location in Vero Beach, Florida.  
Radio stations operating on a range of frequencies,
1
including 90.5 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 31, 2017, Agents made field strength measurements of the signal on frequency 
90.5 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).