FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU REGION ONE Columbia Regional Office 9050 Junction Drive Annapolis Junction, Maryland 20701 Field@FCC.gov (301) 725-1996 May 17, 2019 1539-1547 Pitkin Avenue Realty LLC Brooklyn, New York NOTICE OF UNLICENSED OPERATION Case Number: EB-FIELDNER-18-00028120 On December 12, 2018, Agents from the Columbia and Chicago Offices of the Federal Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau) investigated an unlicensed FM station operating on the frequency 92.5 MHz in the Brownsville area of Brooklyn, New York. The Agents confirmed by direction finding techniques that radio signals on the frequency 92.5 MHz were emanating from a commercial property located at 1539 Pitkin Avenue, Brooklyn, New York. Public records list you as the owner of this property. The Commission’s records show that no license was issued for operation of a broadcast station on 92.5 MHz at this location in Brooklyn, New York Radio stations operating on a range of frequencies, 47 CFR § 73.201. including 92.5 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 December 12, 2018, Agents measured the field strength of the signal on the frequency 92.5 MHz for the station and found that it 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. Operation of radio transmitting equipment without a valid FCC authorization or license is a violation of Section 301 of the Act 47 U.S.C. § 301. and may subject the responsible parties to substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. Because unlicensed operation creates a danger of interference to important radio communications services and may subject the operator to severe penalties, this letter emphasizes the importance of complying strictly with these legal requirements. 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. 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