As a "heads up," the FCC is quite active at finding and issuing citations to unlicensed users of the FM broadcast band that do not meet their Rules. Below is a sanitized example of this ...
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region
New York Office
201 Varick Street
New York, NY 10014
NOTICE OF UNLICENSED OPERATION
Case Number: XXX
Document Number: XXX
The New York Office received information that an unlicensed
broadcast radio station on XXX MHz was allegedly operating in
XXX, NY. On XXX, an agent from this
office confirmed by direction finding techniques that radio
signals on frequency XXX MHz were emanating from your property
in XXX, NY. The Commission's records show that no
license was issued for operation of a broadcast station at this
location on XXX MHz in XXX, NY.
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 that
complies with the standards established in Part 15 of the
Commission's rules, 47 C.F.R. §§ 15.1 et seq. Your operation on
frequency XXX MHz was measured at 392 microvolts per meter
(µV/m) at 483 meters. This exceeds the allowable unlicensed
limit of 250 microvolts per meter (µV/m) at 3 meters established
in Part 15. 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
owner of this illegal operation 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.
Daniel W., Noel
District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
