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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                      South Central Region

                         San Juan Office
                  US Federal Building Room 762
                     San Juan, PR 00918-1731
                                      

                          July 6, 2005


Juan Benítez-Márquez
Carolina, PR  

                 NOTICE OF UNLICENSED OPERATION

                                   Case Number:  EB-05-SJ-021
                                   Document Number:  W20053268002

The San Juan Office received information that an unlicensed 
broadcast radio station on 90.1 MHz was allegedly operating in 
Carolina, Puerto Rico.  On June 8, 2005, agents from this office 
confirmed by direction finding techniques that radio signals on 
frequency 90.1 MHz were emanating from a building in the Cacao 
Ward, just off road 858 in Carolina, Puerto Rico.  The owner of 
the building stated you rented a room on the first floor of the 
building.  On June 28, 2005, you admitted to the agents that you 
operated the station from your room in the building.  The 
Commission's records show that no license was issued for 
operation of a broadcast station on 90.1 MHz at this location in 
Carolina, Puerto Rico.   

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 5500 µV/m at 60 meters, which exceeded the maximum permitted 
level of 250 micro volts per meter (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 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.

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.



Reuben Jusino
Resident Agent
San Juan Office





Attachments:
     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003