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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 21, 2017
Eliezer Gomez
Union City, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00025620
On November 15, 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 88.1 MHz in Union City, New Jersey. The Agents
confirmed by direction finding techniques that radio signals on frequency 88.1 MHz were
emanating from 3408 Bergenline Avenue, Union City, New Jersey. Agents confirmed, through
investigation, that you are the operator of the unlicensed radio station. The Commission’s
records show that no license was issued for operation of a radio station on 88.1 MHz at this
location in Union City, New Jersey.
Radio stations operating on a range of frequencies,
1
including 88.1 MHz, must be licensed by the
FCC pursuant to Section 301 of the Communication 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
Agents measured the field strength of the signal on the frequency
88.1 MHz for the station and found that it exceeded 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 constitutes a violation of the Federal laws cited above and may 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 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).