December 15, 2023

BY UPS AND FIRST-CLASS MAIL

Lydia E. Torres Mojica 
HC 06 Box 6892
Guaynabo, PR 00971-9801

NOTICE OF ILLEGAL 
PIRATE RADIO BROADCASTING

Case Number:  EB-FIELDSCR-23-00034711
The Dallas Office of the Federal Communications Commission’s (FCC) Enforcement Bureau is investigating a complaint about an unlicensed radio broadcast station operating on frequency 87.7 MHz.  On February 8, 2023, personnel from the San Juan Office confirmed by direction finding techniques that radio signals on frequency 87.7 MHz were emanating from the property at Solar E Bo. Santa Rosa, Carr 837 KM.HM 1.7, Guaynabo, Puerto Rico 00971, Catastro #114-082-788-01-000 (Property).  Publicly available records identify Lydia E. Torres Mojica as the owner of the Property. Centro de Recaudación de Ingresos Municipales (CRIM), Digital Cadastre, https://catastro.crimpr.net/‌cdprpc/ (last visited Dec. 14, 2023).
  The FCC’s records show no license issued for operation of a radio broadcast station on 87.7 MHz at this location.  

Radio broadcast stations are not permitted to operate on certain frequencies, including 87.7 MHz, which falls within the 82.0 to 88.0 MHz Channel 6 television band. 47 U.S.C. § 301.
  Although the FCC’s rules create exceptions for certain extremely low-powered devices, our personnel 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 Communications Act of 1934, as amended (Act). See, e.g., id. § 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. Id. § 511(a).
  Accordingly, you are hereby notified and warned that the FCC may issue a fine of up to $2,316,034 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 from the property that you own or manage. See Amendment of Section 1.80(b) of the Commission's Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 22-1356, 2022 WL 18023008, at *5 (EB Dec. 23, 2022); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 88 Fed. Reg. 783 (Jan. 5, 2023) (setting January 15, 2023 as the effective date for the increases).
 
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 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 if you have any questions.




Dedrick Roybiskie
Regional Director, Region Two
FCC Enforcement Bureau



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