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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
April 5, 2018
Monique C. Pierre
Irvington, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-18-00026469
On March 16, 2018, an Agent 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 99.3 MHz in the Irvington, New Jersey
area. The Agent confirmed by direction finding techniques that radio signals on frequency
99.3 MHz were emanating from a commercial property at 1037 Sanford 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 broadcast station on 99.3 MHz at this location in
Irvington, New Jersey.
Radio stations operating on a range of frequencies,
1
including 99.3 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
99.3 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 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).