Radio Celestial Gets The Knock

[ChrisSmolinski]

                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                                New York Office

                         201 Varick Street, Suite 1151

                            New York, New York 10014

                                 July 23, 2013

   Luis Sanchez

   Bronx, New York

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-FIELDNER-13-00010214

   Document Number: W2013323800044

   The New York Office received information that an unlicensed broadcast
   radio station on 1710 kHz was allegedly operating in Bronx, New York. On
   July 18, 2008, agents from this office confirmed by direction finding
   techniques that radio signals on frequency 1710 kHz were emanating from
   Iglesia Pentecostal Segunda Mision Jerusalen, Bronx, New York. The
   Commission's records show that no license was issued for operation of a
   broadcast station on 1710 kHz at this location in Bronx, 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. SS  15.1 et seq. The field strength of the signal on
   frequency 1710 kHz was measured at 3,100 microvolts per meter (uV/m) at
   474 meters, which exceeded the maximum permitted level of 30 uV/m at 30
   meters for non-licensed devices set out in Section 15.209 of the Rules, 47
   C.F.R. S 15.209.

   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. SS 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.

   Stephen Maguire

   District Director

   New York Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", July 2003

FCC Notice: http://transition.fcc.gov/eb/FieldNotices/2003/DOC-322711A1.html
Radio Celestial Website: http://www.smjrc.com/

[BDM]

WOW 5 years ago and they're now just getting around to it? Tough break for that station. They only wanted to serve their immediate community. Maybe they should consider a low power FM license.

[Kilokat7]

Interesting.  Can anyone confirm if they are still on the air?  Generally, there's too much noise here on 1710 this time of year for me to pull in Radio Celestial.

[ChrisSmolinski]

I just gave a listen, and while static levels are high from storms, I could hear some music, along with a TIS. Not sure if it is Celestial or not.

[BDM]

Strange, they are still on. I see their signal which is a few Hz high and can hear their music. Know it all to well over the last several years. TIS out of NJ is actually quite strong right now.

[Kilokat7]

I'm seeing two prominent "spikes" right now 10 and 23 Hz above 1710.  .023 should be Radio Celestial (assuming they are still on).  Has the TIS drifted up to .010?

[BDM]

I'm seeing two prominent "spikes" right now 10 and 23 Hz above 1710.  .023 should be Radio Celestial (assuming they are still on).  Has the TIS drifted up to .010?

I've noticed it has drifted slightly but haven't measured it exactly. But the TIS came screaming through about 10 minutes into my monitoring 1710. I also see a station almost exactly on, fairly strong that I'm assuming is the "other" one who's name I wont mention

[redhat]

Maybe they should consider a low power FM license.

Last I looked, the rules prohibit any former pirates from applying for or operating either an LP10 or LP100 class station.  It made it that much more fun building one of the first LP100's about 10 years ago.

+-RH

[BDM]

Maybe they should consider a low power FM license.

Last I looked, the rules prohibit any former pirates from applying for or operating either an LP10 or LP100 class station.  It made it that much more fun building one of the first LP100's about 10 years ago.

+-RH

I've often wondered how Allan Weiner pulled it off. I'm not very knowledgeable of the rules & regulations.

[diymedia]

The "no pirates" provision only applies to LPFM. It was part of the "Radio Broadcasting Preservation Act" passed by Congress a dozen years ago. When the "Local Community Radio Act" was passed a couple years back, it undid a lot of what the "Radio Broadcasting Preservation Act" imposed...but not this.

[redhat]

The "no pirates" provision only applies to LPFM. It was part of the "Radio Broadcasting Preservation Act" passed by Congress a dozen years ago. When the "Local Community Radio Act" was passed a couple years back, it undid a lot of what the "Radio Broadcasting Preservation Act" imposed...but not this.

From the horses mouth, CFR47 part 73.854;

"Unlicensed operations.
No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 301.
[66 FR 23863, May 10, 2001]"

You'd think they would give an incentive to people who were operating to stop and apply for an LPFM license.  Yeah, your stuck with 100 watts and at max a 3 mile service radius, and lots of BS paperwork, but it beats nothing. OTOH, if you've got enough money and know the right people, you can plant as many commercial stations as you can afford.

+-RH

[BDM]

Interesting on the rules. Yes RH, I agree.

[cmradio]

Seems many US laws are geared solely to manufacture more criminals

[paranoid dxer]

Seems many US laws are geared solely to manufacture more criminals

indeed

[Kilokat7]

Radio Celestial was as strong as ever last night on 1710 with Christian music as noted on overnight recordings.