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Pirate busted in New York, but the FCC was careless writing them a NOUO

nd2023

Banned
What's wrong with this Notice of Unlicensed Operation? Besides the fact that 90.5 is first adjacent to 90.7.

http://www.fcc.gov/eb/FieldNotices/2003/DOC-298350A1.html

NOTICE OF UNLICENSED OPERATION

Case Number: EB-10-NY-0243

Document Number: W201032380065

The New York Office received information that an unlicensed broadcast
radio station on 90.5 MHz was allegedly operating in Bronx, New York. On
May 2, 2010, agents from this office confirmed by direction finding
techniques that radio signals on frequency 90.5 MHz were emanating from
your building located at 5122 Foster Avenue, Brooklyn, NY 11203. The
Commission's records show that no license was issued for operation of a
broadcast station on 90.5 MHz at this location in Brooklyn, New York.

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 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. S:S: 15.1 et seq. The field strength of the signal on
frequency 90.5 MHz was measured at 5,986 microvolts per meter (uV/m) at
257 meters, which exceeded the maximum permitted level of 250 uV/m at 3
meters for non-licensed devices. Thus, this station is operating in
violation of 47 U.S.C. S: 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. S:S: 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.
S: 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.
 
Nice, so now the Bronx is located in Brooklyn...or is it the other way around? There's another 90.5 operating in Monsey, NY, in Rockland county. It's been reported to the FCC, going as far as providing the pirates street location & recordings of the station and that was many months ago, but so far, nothing has been done.
 
It would be impossible to receive the pirate they mentioned in the Bronx based on the field strength. 90.7 WFUV is right next to Bronx.

It's careless mistakes like this that screw up the enforcement against the pirates. If they fight it in court, it will be thrown out, and the FCC will have to start everything all over again.

For the 90.5 in Monsey, if you live nearby, why not just knock on the door yourself and say that they are running a pirate station and the FCC will fine them $10000. And hand them a "NOUO" written by you.
 
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