Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.



Columbia Regional Office
9050 Junction Drive
Annapolis Junction, Maryland 20701
(301) 725-1996

October 23, 2018

Kenmil Arias 
Brentwood, New York


	Case Number:  EB-FIELDNER-18-00027849

On October 2, 2018, the New York Office of the Federal Communications Commissions (FCCs or Commissions) Enforcement Bureau (Bureau) received a complaint from the Federal Aviation Administration (FAA) alleging that an FM station operating on the frequency 100.9MHz in Islip, New York area was causing harmful interference to aeronautical radio communications in New York and New Jersey.  On October 3, 2018, an Agent from the New York Office investigated the complaint and confirmed by direction finding techniques that radio signals on the frequency 100.9MHz were emanating from your residence in Brentwood, New York.  The Agent observed that the station was generating a spurious emission on the FAA frequency 118.975 MHz.  The agent confirmed through investigation that you are the operator of the unlicensed radio station.  The Commissions records show that no license was issued for operation of a radio station on 100.9 MHz at this location in Brentwood, New York.

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 100.9 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.   
  Agents measured the field strength of the signal on the frequency        100.9 MHz for the station and found that it exceeded the maximum permitted level of 250 V/m at 3 meters for non-licensed devices.  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 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. See 47 U.S.C.  401, 501, 503 and 510.


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 and document 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.

David C. Dombrowski
Regional Director
Region One
Enforcement Bureau
Federal Communications Commission

	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet", March 2005