Marshall Jones, Erie, PA
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAUNORTHEAST REGION
Buffalo Office6400 Sheridan Drive, Suite 140
Buffalo, NY 14221
February 2, 2010
NOTICE OF UNLICENSED OPERATIONCase Number: EB-10-BF-0007
Document Number: W201032280002
The Buffalo Office received information that an unlicensed broadcast radio station on 90.1 MHz
was allegedly operating in Erie, Pennsylvania. On January 27, 2010, an agent from this office
confirmed by direction finding techniques that radio signals on frequency 90.1 MHz were
emanating from your building at 524 West 17th Street, Erie, Pennsylvania, 16502. The
Commission’s records show that no license was issued for operation of a broadcast station on
90.1 MHz at this location in Erie, Pennsylvania.
Radio stations must be licensed by the FCC pursuant to 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 C.F.R. §§ 15.1 et seq. The field strength of the signal on frequency 90.1 MHz was measured
at 9600 microvolts per meter (µV/m) at 180 meters, which exceeded the maximum permitted
level of 250 µV/m at 3 meters for non-licensed devices. Thus, this station is operating in
violation of 47 U.S.C. § 301.
You are hereby warned that operation of radio transmitting equipment without a valid radio
station authorization or providing services and facilities incidental to the operation of an
unlicensed radio transmitter 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
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
You may contact this office if you have any questions.
David A. Viglione
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
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