FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU South Central Region Miami Office P.O. Box 520617 Miami, FL 33152-0617 March 15, 2010 Gary Harris dba Harris Enterprise Miami, Florida NOTICE OF UNLICENSED OPERATION Case Number: EB-10-MA-0026 Document Number: W201032600022 The Miami Office received information that an unlicensed broadcast radio station on 100.3 MHz was allegedly operating in the Miami area. On February 25, 2010, and March 2, 2010, agents from this office confirmed by direction finding techniques that radio signals on frequency 100.3 MHz were emanating from 7632 NW 22nd Ave., Miami, Florida. Information received by this office indicates you leased this property and are one of the operators of this station. The Commission's records show that no license was issued for operation of a broadcast station on 100.3 MHz at this location in Miami, Florida. Radio stations must be licensed by the FCC pursuant to 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 Commission's rules, 47 C.F.R. §§ 15.1 et seq. The field strength of the signal on frequency 100.3 MHz was measured at 55,925 microvolts per meter (µV/m) at 330 meters and 37,032 µV/m at 695 meters on February 25, 2010, and March 2, 2010, respectively, which exceeded the maximum permitted level of 250 µV/m at 3 meters for non-licensed devices. Thus, this station was operating in violation of 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). 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 and document number. Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), 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. Stephanie Dabkowski Resident Agent Miami Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet," March 2005 cc: 330 NW 71st ST, L.C. Real Property Care, Inc.