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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Myrtle Avenue Car and Limo Service ) File No. EB-06-NY-164
Licensee of Radio Station WPXA428 )
Brooklyn, New York ) NOV No. V20063238047
NOTICE OF VIOLATION
September 20, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules (the "Rules"), to Myrtle Avenue Car and
Limo Service ("Myrtle"), licensee of private land mobile station
WPXA428.
2. On August 11, 2006, an agent of the Commission's New York Office
monitored and inspected radio station WPXA428, located at 525 Myrtle
Avenue, Brooklyn, New York and observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service must be
used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part...." At the time of the inspection, an agent from the New York
Office determined that Myrtle was operating on the frequencies
461.0375 MHz and 466.0348 MHz. Myrtle's license for Station WPXA428
does not authorize operation on these frequencies. The station was
also operating with an ERP (effective radiated power) of 525 watts
which is in excess of the power authorized in the station license.
b. 47 C.F.R. S 90.425(a): "Each station and system shall be identified
by the transmission of the assigned call sign during each
transmission or exchange of transmissions, or once each 15 minutes
(30 minutes in the Public Safety Pool) during periods of continuous
operation. The call sign shall be transmitted by voice in the English
language or by International Morse Code in accordance with paragraph
(b) of this section." The agent monitored the station from 11:45 am
to 1:15 pm and determined that Myrtle failed to identify station
WPXA428 once each 15 minutes during that time period.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, United States
Cellular CorporationMyrtle must submit a written statement concerning
this matter within twenty (20) days of release of this Notice. The
response must fully explain each violation, must contain a statement
of the specific action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of pending
corrective action(s). The response must be complete in itself and
signed by a principal or officer of Myrtle. All replies and
documentation sent in response to this Notice should be marked with
the File No. and NOV No. specified above, and mailed to the following
address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
4. This Notice shall be sent to Myrtle at its address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
2
Federal Communications Commission