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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Salvamex Car Service Inc. ) File No. EB-06-NY-206
dba Azteca Car Service )
Licensee of Radio Station WPTG9981239609 ) NOV No. V20073238003
Yonkers, NY )
NOTICE OF VIOLATION
Released: November 7, 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, to Salvamex Car Service Inc.
("Salvamex"), licensee of private land mobile radio station WPTG998,
Yonkers, NY.
2. On October 17, 2006, in response to an interference complaint from a
licensee, an agent of the Commission's New York Office monitored and
inspected radio station WPTG998, located at 245 New Main Street,
Yonkers, NY 10701, and observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services 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 inspection, Salvamex's fixed base
transmitter, which is authorized to operate at 193 South Broadway,
Yonkers, NY, was found operating at 54 Van Cortlandt Pk Avenue,
Yonkers, NY, which is approximately 0.5 miles away from the
authorized location. In addition, at the time of inspection, the
owner of Salvamex admitted to operating 90 mobile units on the
frequency 159.840 MHz. Salvamex is authorized to operate only 25
mobile units on that frequency.
b. 47 C.F.R. S 90.425(a): "Except as provided for in paragraphs (d) and
(e) of this section, each station or 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...." On October 17, 2006, between 2:00 p.m. and 3:00 p.m.,
Salvamex did not transmit its call sign identification for station
WPTG998 on the frequency 151.670 MHz.
c. 47 C.F.R. S 90.429(c): "Control point location. The location of the
control point will be specified in the station license and will be
assumed to be the same as that of the transmitting equipment unless
an application for a different location has been approved by the
Commission." At the time of inspection, Salvamex was operating at a
control point location of 245 New Main Street, Yonkers, NY 10701,
which is not the location of its transmitter and has not otherwise
been authorized by the Commission as a control point.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Salvamex 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
Salvamex. 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, NY 10014
4. This Notice shall be sent to Salvamex Car Service Inc. 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.
Federal Communications Commission
2
Federal Communications Commission