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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 28, 2018
Jean Claude Michel
Brooklyn, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-17-00025224
In February, 2018, Agents from the New York Office of the Federal Communications
Commission’s (Commission’s) Enforcement Bureau (Bureau) monitored the FM broadcast band
to determine if the unauthorized station operating on 90.9 MHz from Nostrand Avenue,
Brooklyn, New York had resumed operations. On February 13, 2018, an Agent from the New
York Office confirmed by direction finding techniques that radio signals on frequency 90.9 MHz
were emanating from your residence in Brooklyn, New York. The Commission’s records show
that no license was issued for operation of a broadcast station on 90.9 MHz at this location in
Brooklyn, New York.
Radio stations operating on a range of frequencies,
1
including 90.9 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 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, 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).