He was caught by the FCC pirating on the channel WHUM had allotted for Columbus Community Radio. Now he's applied for an LPFM.
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
Chicago Office
1550 North Northwest Highway, Suite 306
Park Ridge, IL 60068
May 2, 2014
via Certified Return Receipt and First Class Mail
Rafael Gonzalez
Columbus, Indiana
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-14-00015147
Document Number: W201432320002
The Chicago Office received information that an unlicensed broadcast radio station on 93.5 MHz was allegedly operating in Columbus, Indiana. On April 3, 2014, an agent from this office confirmed by direction finding techniques that radio signals on frequency 93.5 MHz were emanating from your residence in Columbus, Indiana. The Commission’s records show that no license was issued for operation of a broadcast station on 93.5 MHz at this location in Columbus, Indiana.
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 93.5 MHz was measured at 3,792,622 microvolts per meter (µV/m) at 817 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 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.
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, “Inspection Fact Sheet”, March 2005
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
Chicago Office
1550 North Northwest Highway, Suite 306
Park Ridge, IL 60068
May 2, 2014
via Certified Return Receipt and First Class Mail
Rafael Gonzalez
Columbus, Indiana
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-14-00015147
Document Number: W201432320002
The Chicago Office received information that an unlicensed broadcast radio station on 93.5 MHz was allegedly operating in Columbus, Indiana. On April 3, 2014, an agent from this office confirmed by direction finding techniques that radio signals on frequency 93.5 MHz were emanating from your residence in Columbus, Indiana. The Commission’s records show that no license was issued for operation of a broadcast station on 93.5 MHz at this location in Columbus, Indiana.
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 93.5 MHz was measured at 3,792,622 microvolts per meter (µV/m) at 817 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 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.
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, “Inspection Fact Sheet”, March 2005