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Federal Communications Commission
Enforcement Bureau
Region One
Columbia Regional Office
P.O. Box 130
Columbia, Maryland 21045
(301) 725-1996
February 12, 2018
BY UPS AND FIRST-CLASS MAIL
Gerlens Cesar
Mattapan, Massachusetts
NOTICE OF UNLICENSED OPERATION
Case Numbers: EB-FIELDNER-17-00023484
EB-FIELDNER-17-00024874
EB-FIELDNER-17-00025342
EB-FIELDNER-17-00025344
The Boston Office of the Federal Communications Commission’s (Commission’s) Enforcement Bureau
has received a complaint of an unlicensed FM station operating on frequency 92.1 MHz and 90.1 MHz at
different locations in and around Boston, Massachusetts.
On January 29, 2018, an agent from the Boston Office confirmed by direction finding techniques that
radio signals on frequency 90.1 MHz were emanating from a multi-family building on Duke Street in
Boston, Massachusetts. The Commission’s records show no license issued for operation of a radio station
on 90.1 MHz at this location.
On January 29, 2018, an agent from the Boston Office confirmed by direction finding techniques that
radio signals on frequency 92.1 MHz were emanating from a multi-family building on Cherry Street in
Brockton, Massachusetts. The Commission’s records show no license issued for operation of a radio
station on 92.1 MHz at this location.
On January 29, 2018, an agent from the Boston Office confirmed by direction finding techniques that
radio signals on frequency 92.1 MHz were emanating from a single-family residence on Himoor Circle in
Randolph, Massachusetts. The Commission’s records show no license issued for operation of a radio
station on 92.1 MHz at this location.
On January 29, 2018, an agent from the Boston Office confirmed by direction finding techniques that
radio signals on frequency 92.1 MHz were emanating from a residential building on Vine Street in
Everett, Massachusetts. The Commission’s records show no license issued for operation of a radio station
on 92.1 MHz at this location.
Radio stations operating on many frequencies, including 92.1 MHz and 90.1 MHz, must be licensed by
the Commission pursuant to Section 301 of the Communications Act of 1934, as amended (Act).
1
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.
2
1
47 U.S.C. § 301.
2
47 CFR §§ 15.1 et seq.
The Agent found that the equipment at the locations specified above was operating at a power level that
exceeds the level permitted by Part 15. The field strengths of the signals on frequencies 92.1 MHz and
90.1 MHz were measured at levels exceeding the maximum permitted level of 250 microvolts per meter
at 3 meters for non-licensed devices at the locations described above. Therefore, these stations are
operating in violation of Section 301.
3
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.
4
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY AND MUST NOT RESUME.
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,
5
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.
David 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”, June 2017
3
47 U.S.C. § 301.
4
See 47 U.S.C. §§ 401, 501, 503, and 510.
5
5 U.S.C. § 552a(e)(3).