FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU REGION ONE Columbia Regional Office 9200 Farm House Lane Columbia, Maryland 21046 (301) 725-1996 July 13, 2017 Davina Mendes Boston, Massachusetts NOTICE OF UNLICENSED OPERATION Case Number: EB-FIELDNER-17-00024274 On May 4, 2017, Agent from the Boston Office of the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) responded to a complaint of an unlicensed FM station operating on the frequency 87.7 MHz in Boston, Massachusetts. The Agents confirmed by direction finding techniques that radio signals on the frequency 87.7 MHz were emanating from a business building at 616 Blue Hill Ave in Boston, Massachusetts. The Commission’s records show no license issued for operation of a radio station on 87.7 MHz at this location in Boston, Massachusetts. The Agent determined that you are an operator of the radio station and have an on-air program from 3-5 p.m. weekdays. Radio stations operating on a range of frequencies, 1 including 87.7 MHz must be licensed by the FCC pursuant to Section 301 of the Communication Act of 1934, as amended (Act). 2 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. 3 The field strength of the signal on frequency 87.7 MHz was measured at 41,786 microvolts per meter (µV/m) at 232 meters, which exceeded the maximum permitted level of 100 µV/m at 3 meters for non-licensed devices. Thus, this station is operating in violation of Section 301 of the Act. 4 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. 5 1 47 CFR § 73.201. 2 47 U.S.C. § 301. 3 47 CFR §§ 15.1 et seq. 4 47 U.S.C. § 301. 5 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, 6 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. 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 6 5 U.S.C. § 552a(e)(3).