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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE
Columbia Regional Office
P.O. Box 130
Columbia, Maryland 21045
Field@FCC.gov
(301) 725-1996
              
March 6, 2018
Daniel Thelisma
Irvington, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number:  EB-FIELDNER-17-00025761
On January 18, 2018, Agents from the New York Office of the Federal Communications 
Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) investigated a complaint 
of an unlicensed FM station operating on the frequency 90.9 MHz in Irvington, New Jersey.  The 
Agents confirmed by direction finding techniques that radio signals on frequency 90.9 MHz were 
emanating from a residential property on Harper Avenue, Irvington, New Jersey.  Public records 
list you as the owner of this property.  The Commission’s records show that no license was 
issued for operation of a radio station on 90.9 MHz at this location in Irvington, New Jersey.  
Radio stations operating on a range of frequencies,
1
 including 90.9, 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 
90.9 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, the station was 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 will subject the 
operator to severe penalties, including, but not limited to, in rem seizure of the offending radio 
1
 47 CFR § 73.201.
2
 47 U.S.C. § 301.  
3
 47 CFR §§ 15.1 et seq.   
4
 47 U.S.C. § 301.
equipment without further notice, substantial fines, and criminal sanctions, including 
imprisonment.
5
  
UNLICENSED OPERATION OF THESE RADIO STATIONS 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 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).