FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU REGION TWO Miami Office P.O. Box 266468 Weston, FL 33326 December 5, 2017 Brindley Marshall Miami, Florida NOTICE OF UNLICENSED OPERATION Case Number: EB-FIELDSCR-17-00024510 On December 2, 2017, an Agent from the Miami Office (Miami Office) of the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) investigated an unlicensed FM station operating on frequency 97.7 MHz in Miami, Florida. The Agent confirmed by direction finding techniques that radio signals on frequency 97.7 MHz were emanating from a residential property in Miami, Florida. Through investigation, the Agent determined that you were the operator of the station. The Commission’s records show that no license was issued for operation of a broadcast station at this location on 97.7 MHz in Miami, Florida. Radio stations operating on a range of frequencies, 1 including 97.7 MHz, must be licensed by the FCC pursuant to Section 301 of the Communications 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 that complies with the standards established in Part 15 of the Commission’s rules. 3 On December 2, 2017, the field strength of the signal on frequency 97.7 MHz exceeded the maximum permitted level of 250 microvolts per meter (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 and document 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 the Miami Office if you have any questions. Ronald D. Ramage Regional Director Region Two 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).