FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION TWO

Atlanta Regional Office
P.O. Box 1493
Powder Springs, GA  30127
field@fcc.gov


September 19, 2018


Marques Dumerant
Delray Beach, Florida

NOTICE OF UNLICENSED OPERATION

	Case Number: EB-FIELDSCR-18-00026287
	
On August 14, 2018, Agents from the Miami Office (Miami Office) of the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) investigated complaints of an unlicensed FM station operating on 91.7 MHz in Delray Beach, Florida.   The Agents confirmed by direction finding techniques that radio signals on frequency 91.7 MHz were emanating from a residential property on Angler Dr., Delray Beach, Florida.  On August 28, 2018, Agents confirmed by direction finding techniques that an unlicensed FM station on 95.1 MHz was emanating from the same residential property in Delray Beach, Florida.    Through investigation, Agents determined you are the operator of the radio station on 91.7 and 95.1 MHz.  The Commission’s records show that no license was issued for operation of a broadcast station at this location on 91.7 or 95.1 MHz in Delray Beach, Florida.    

Radio stations operating on a range of frequencies, 47 CFR § 73.201.
 including 91.7 and 95.1 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 that complies with the standards established in Part 15 of the Commission’s rules. 47 CFR §§ 15.1 et seq.
  On August 14, 2018, the field strength of the signal on frequency 91.7 MHz exceeded the maximum permitted level of 250 microvolts per meter (µV/m) at 3 meters for non-licensed devices.  On August 28, 2018, the field strength of the signal on frequency 95.1 MHz exceeded the maximum permitted level of 250 µV/m at 3 meters for non-licensed devices.  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 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 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 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.



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