FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,060
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-10-MA-0145
Willis Cernogg, Jr.
) NAL/Acct. No.: 201232600003
Miami, Florida )
) FRN: 0021241344
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: October 25, 2011 Released: October 25, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Willis Cernogg,
Jr. ("Mr. Cemogg") apparently willfully and repeatedly violated section 301 of the Communications Act of
1934, as amended ("Act"),' by operating an unlicensed radio transmitter on the frequency 90.7 MHz in
Miami, Florida. We conclude that Mr. Cernogg is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
2. On January 21, March 24, and April 14, 2011, in response to a complaint, agents from the
Enforcement Bureau's Miami Office ("Miami Office") used direction-finding techniques to locate the
source of radio frequency transmissions on the frequency 90.7 MHz to a residence in Miami, Florida, shared
by Mr. Cernogg and others. On January 21 and March 24, 201 1, the agents determined that the signals
being broadcast exceeded the limits for operation under Part 15 of the Commission's rules ("Rules"), and
therefore required a license.' A review of the Commission's records revealed that no license or
authorization was issued to Mr. Cemogg or anyone else to operate a radio station on 90.7 MHz at this
3. On April 14, 2011, agents from the Miami Office inspected the radio station after the
Miami Police Department ("MPD") executed a search warrant and secured the residence. The agents
observed that the station's transmitter display read 90.7 MHz. A person who rented a room at the residence
stated that Mr. Cernogg put the radio equipment in the locked area where MPD found it, and also provided
Mr. Cemogg's phone number. Subsequently, an agent from the Miami Office conducted an Intemet search
and found profile information for user "LadyLuckRadio907FMMiami" discussing an underground radio
station on 90.7 FM in Miami'; and also found a Twitter user called "LADYLUCKRADIO" listing
47 U.S.C 301.
SPart 15 of the Rules sets out the conditions and technical requirements under which certain radio transmission
devices may be used without a license. In relevant part, section 15.239 of the Rules provides that non-licensed
broadcasting in the 88-108 MHz band is permitted only if the field strength of the transmission does not exceed 250
pV/m at three meters 47 C.F.R. 15.239.
On April 14, 201 1, an agent from the Miami Oftice found profile information for user
"LadyLuckRadio907FMMiami" prominoting "WE ARE TlIE S)UND TRACK TO THE REAL MIAM...KEEP IT
LOCKED IN UR RIDE 90.7 FM THIE HOTTES [,c] STATION IN TIE WORLD." 90.7 FM Ladyluckradio com
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/84/: accessed February 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.