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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
P.O. Box 130
Columbia, Maryland 21045
(301) 725-1996
March 1, 2018
Antonio Mendes
Elizabeth, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-18-00026122
The New York Office (New York Office) of the Federal Communications Commission’s (FCC’s
or Commission’s) Enforcement Bureau (Bureau) received complaints from the Federal Aviation
Administration (FAA) alleging that an FM Station was causing harmful interference to
aeronautical communications on UNICOM frequencies in the Linden, New Jersey and Newark,
New Jersey areas. On February 4, 2018, Agents confirmed by direction finding techniques that
radio signals on the frequency 99.7 MHz were emanating from your property on Emerson
Avenue in Elizabeth, New Jersey and your radio transmitting equipment was the source of the
interference to the FAA. The Commission’s records show that no license was issued for
operation of a broadcast station on 99.7 MHz at this location in Elizabeth, New Jersey.
Radio stations operating on a range of frequencies,
1
including 99.7 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
Agents measured the field strength of the signal on the frequency
99.7 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
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
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 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
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
6
5 U.S.C. § 552a(e)(3).