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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

July 23, 2019

Rafael Martinez
Fords, New Jersey


NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-19-00029195	


On May 31, 2019, Agents from the New York Office of the Federal Communications Commissions (FCC or Commissions) Enforcement Bureau (Bureau) investigated an unlicensed FM station operating on the frequency 104.9 MHz in Perth Amboy, New Jersey.  The Agents confirmed by direction finding techniques that radio signals on frequency 104.9 MHz were emanating from an office building at 257 New Brunswick Avenue in Perth Amboy, New Jersey.  Through investigation, the Agents confirmed 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 104.9 MHz at this location in Perth Amboy, New Jersey.  

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 104.9 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.   
  The Agents found that the station was operating at a power level that exceeds the level permitted by part 15.  On May 31, 2019, the Agents measured the field strength of the signal on the frequency 104.9 MHz for the station and found that it exceeded the maximum permitted level of 250 V/m at 3 meters for non-licensed devices.  Therefore, this station was 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 will subject the operator to severe penalties, including, but not limited to, in rem seizure of the offending radio equipment without further notice, substantial fines, 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 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, 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