FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU REGION TWO Atlanta Regional Office P.O. Box 1493 Powder Springs, GA  30127 Field@FCC.gov August 22, 2018 Richard Barcelona Vero Beach, Florida NOTICE OF UNLICENSED OPERATION Case Number: EB-FIELDSCR-18-00026734 On April 25, 2018, Agents from the Miami Office (Miami Office) of the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) confirmed by direction finding techniques that radio signals on frequency 87.9 MHz were emanating from a residential property on 1st St. SW in Vero Beach, Florida. Public records list you as the property owner. The Commission’s records show that no license was issued for operation of a broadcast station at this location on 87.9 MHz in Vero Beach, Florida. Radio stations operating on a range of frequencies, 47 CFR § 73.201. including 87.9 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 Commission’s rules. 47 CFR §§ 15.1 et seq. On April 25, 2018, the field strength of the signal on frequency 87.9 MHz exceeded the maximum permitted level of 100 microvolts per meter (µV/m) at 3 meters for non-licensed devices operating in the band 30-88 MHz. 47 CFR §§ 15.209. 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 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. 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