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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO
Atlanta Regional Office
P.O. Box 1493
Powder Springs, GA 30127
(678) 293-3194
March 28, 2018
Freddie Rodriguez
Fayetteville, North Carolina
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDSCR-18-00026180
On March 19, 2018, an Agent from the Atlanta Office (Atlanta Office) of the Federal
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau)
responded to a complaint of an unlicensed FM station operating on the frequency 87.9 MHz in
Fayetteville, North Carolina. The Agent confirmed by direction finding techniques that radio
signals on frequency 87.9 MHz were emanating from a residence on Clifford Ave. in
Fayetteville, North Carolina. The Commission’s records show that no license was issued for
operation of a radio station on 87.9 MHz at this location in Fayetteville, North Carolina. The
Atlanta Office investigated and determined you are the owner or operator of the unlicensed FM
station on 87.9 MHz.
Radio stations operating on a range of frequencies,
1
including 87.9 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
On March 19, 2018, the field strength of the signal on frequency
87.9 MHz exceeded the maximum permitted level of 100 microvolts per meter (µV/m) at 3
meters for non-licensed devices operating in the band 30-88 MHz.
4
Thus, this station is
operating in violation of Section 301 of the Act.
5
1
47 CFR § 73.603.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 CFR §§ 15.209.
5
47 U.S.C. § 301.
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
arrest action against the offending radio equipment, and criminal sanctions, including
imprisonment.
6
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,
7
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.
Ronald D. Ramage
Regional Director
Region Two
Enforcement Bureau
Federal Communications Commission
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
6
See 47 U.S.C. §§ 401, 501, 503 and 510.
7
5 U.S.C. § 552a(e)(3).