June 1, 2022

BY UPS AND FIRST-CLASS MAIL

5447-5459 Park Heights Ave 21215, LLC 
Attn: Sharif J. Small
Baltimore, Maryland  21218 

NOTICE OF ILLEGAL 
PIRATE RADIO BROADCASTING

Case Number:  EB-FIELDNER-21-00031927

The Columbia Office of the Federal Communications Commission’s (FCC) Enforcement Bureau is investigating a complaint about an unlicensed FM broadcast station operating on frequency 90.3 MHz.    On February 18, 2022, agents from the Columbia Office confirmed by direction finding techniques that radio signals on frequency 90.3 MHz were emanating from LPK Shipping at 5447 Park Heights Avenue, Baltimore, Maryland 21215 (Park Heights Avenue Property).  Publicly available records identify you as the owner of the property at the Park Heights Avenue Property.  The FCC’s records show no license issued for operation of a radio broadcast station on 90.3 MHz at this location.  

Radio broadcast stations operating on certain frequencies, 47 CFR § 73.201. 
 including 90.3 MHz, must be licensed by the FCC pursuant to the Communications Act of 1934, as amended (Act). 47 U.S.C. § 301.
  While the FCC’s rules create exceptions for certain extremely low-powered devices, our agents have determined that those exceptions do not apply to the transmissions they observed originating from the property.  Accordingly, the station operating on the property may be violating the Act See, e.g., 47 U.S.C. § 511.


Under section 511(a) of the Act, persons or entities found to willfully and knowingly suffer (i.e., permit) a third party to engage in so-called “pirate radio” broadcasting on their property can face significant financial penalties. 47 U.S.C. § 511(a).
  Accordingly, you are hereby notified and warned that the FCC may issue a fine of up to $2,000,000 if, following the response period set forth below, we determine that you have continued to permit any individual or entity to engage in pirate radio broadcasting the property that you own or manage. 


If you do not respond to this Notice, the FCC may nonetheless determine that, as a legal matter, you have sufficient knowledge of the above-referenced pirate radio activity to support enforcement action against you.  Service of this Notice to you or your agent establishes the foundation, along with other evidence, that could lead to significant financial penalties.

You have ten (10) business days from the date of this Notice to respond by providing evidence that you are no longer permitting pirate radio broadcasting to occur at the Park Heights Ave property.  In addition, we request that you identify the individual(s) engaged in pirate radio broadcasting on the property that you own or manage.  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 FCC’s staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with the FCC’s rules.  This will include any information that you disclose in your reply.

You may contact this office 301-725-1996 if you have any questions.


FEDERAL COMMUNICATIONS COMMISSION



David Dombrowski
Regional Director, Region One
Enforcement Bureau




Enclosures:
	Excerpts from the Communications Act of 1934, As Amended 
	Enforcement Bureau, "Inspection Fact Sheet", March 2005