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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO

Atlanta Regional Office
P.O. Box 1493
Powder Springs, GA 30127
Field@FCC.gov

August 22, 2018

Richard Barcelona
Vero Beach, Florida

NOTICE OF UNLICENSED OPERATION

	Case Number: EB-FIELDSCR-18-00026734
	
On April 25, 2018, Agents from the Miami Office (Miami Office) of the Federal Communications Commissions (FCCs or Commissions) Enforcement Bureau (Bureau) confirmed by direction finding techniques that radio signals on frequency 87.9 MHz were emanating from a residential property on 1st St. SW in Vero Beach, Florida.  Public records list you as the property owner.  The Commissions records show that no license was issued for operation of a broadcast station at this location on 87.9 MHz in Vero Beach, Florida.    

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 87.9 MHz, must be licensed by the FCC pursuant to Section 301 of the Communications Act of 1934, as amended (Act). 47 U.S.C.  301.  
  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 Commissions rules. 47 CFR 15.1 et seq.   
  On April 25, 2018, the field strength of the signal on frequency 87.9MHz exceeded the maximum permitted level of 100 microvolts per meter (V/m) at 3 meters for non-licensed devices operating in the band 30-88 MHz. 47 CFR 15.209.
  Thus, this station is operating in violation of Section 301 of the Act. 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 may 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. See 47 U.S.C.  401, 501, 503 and 510.
    

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, 5 U.S.C.  552a(e)(3).
 we are informing you that the Commissions 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