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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
P.O. Box 130
Columbia, Maryland 21045
(301) 725-1996
December 13, 2017
Christopher W. Suessle
Pleasant Valley, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00025458
On October 31, 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 95.3 MHz
operating in the Poughkeepsie, New York area. The Agent confirmed by direction finding
techniques that radio signals on frequency 95.3 MHz were emanating from your property in
Pleasant Valley, New York. The Commission’s records show that no license was issued for
operation of a broadcast station on 95.3 MHz at this location in Pleasant Valley, New York.
Radio stations operating on a range of frequencies,
1
including 95.3 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 or mode of operation that complies with the standards established in Part 15 of the
Commission’s rules.
3
On October 31, 2017, the field strength of the signal on frequency
95.3 MHz 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
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 FCC. Your response should be sent to the address in the
letterhead and reference the listed case and document 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).