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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE

Columbia Regional Office
9050 Junction Drive
Annapolis Junction, Maryland 20701
Field@FCC.gov
(301) 725-1996               

November 20, 2018


Peter Diablo
Brooklyn, New York

NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-18-00027782


On September 24, 2018, Agents from the New York Office of the Federal Communications Commissions (FCCs or Commissions) Enforcement Bureau (Bureau) investigated an unlicensed FM station operating on the frequency 107.9 MHz in the Brooklyn, New York area.  The Agents confirmed by direction finding techniques that radio signals on the frequency 107.9MHz were emanating from a multi-family dwelling at 915Washington Avenue in Brooklyn, New York.  Agents 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 broadcast station on 107.9 MHz at this location.

Radio stations operating on a range of frequencies,  47 CFR  73.201.
 including 107.9 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 107.9MHz 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 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.




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