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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
Valero Refining Company         )            File No.      EB-03-
Licensee of Radio Station WPVR276            )
Paulsboro, New Jersey           )            NOV              No.  

                       NOTICE OF VIOLATION

                                             Released:  August 
19, 2003

By the District Director, Philadelphia Office, Enforcement 

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Valero Refining  Company,  the  licensee  of  radio  station 

  2.      On August  5,  2003 at  10:30  a.m., an  agent  of  the 
     Commission's Philadelphia  Office  inspected  radio  station 
     WPVR276 at 800 Billingsport Road, Paulsboro, New Jersey  and 
     observed the following violation:

       47  C.F.R.   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,  except   as 
       specified in  paragraph (b) of  this section''.   The 
       license  for  station WPVR276  authorizes  Valero  to 
       operate  GPS  radio  transmitting  equipment  on  the 
       frequencies 461.025  MHz, 461.075  MHz, 462.125  MHz, 
       and 462.375 MHz at any temporary location within  New 
       Jersey.  However, Valero was operating the GPS  radio 
       transmitting equipment on the unauthorized  frequency 
       464.625 MHz.     

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Valero  Refining  Company  must  submit  a   written 
     statement concerning this matter  within 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  the 
     licensee with personal knowledge of the matter.  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
                 Philadelphia Office
                 One Oxford Valley Building, Suite 404
                 2300 East Lincoln Highway
                 Langhorne, Pennsylvania 19047

  4.      This Notice shall be  sent to Valero Refining  Company, 
     800 Billingsport Road, Paulsboro, New Jersey 08066.  

  5.      The Privacy Act  of 19743 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.4

                                FEDERAL COMMUNICATIONS 

                                John E. Rahtes
                                District Director
                                Philadelphia Office


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.