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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO
P.O. Box 1493
Powder Springs, GA 30127
March 28, 2018
Jerome Moultrie
Miami, Florida
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDSCR-18-00026127
On October 24, 2017 and January 25, 2018, Agents from the Miami Office (Miami Office) of the
Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau
(Bureau) confirmed by direction finding techniques that radio signals on frequency 90.1 MHz
were emanating from your residence located on Northeast 149
th
Street in Miami, Florida.
According to the property owner, you are the sole lessee of the property. On February 23, 2018,
Miami Agents, accompanied by a property owner representative, met you at your residence
where they observed an FM transmitting antenna mounted in a tree in the backyard, and an
antenna coaxial cable leading from the antenna into a small locked cabinet at the back of the
house where the transmitter was located. The Commission’s records show that no license was
issued for operation of a broadcast station on 90.1 MHz at this location in Miami, Florida.
Radio stations operating on a range of frequencies,
1
including 90.1 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 that complies with the standards established in Part 15 of the Commission’s rules.
3
On
October 24, 2017 and January 25, 2018, Agents made field strength measurements of the signal
on frequency 90.1 MHz, and on both dates, the measurements exceeded the maximum permitted
level of 250 microvolts per meter (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 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.
5
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
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,
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 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.
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
5 U.S.C. § 552a(e)(3).