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


In the Matter of                )
                                )
Classic Car Service Corporation )            File  No.  EB-04-NY-
215
Licensee of Radio Station WQAA328            )    
Astoria, NY                     )            NOV No. V20043238026



                       NOTICE OF VIOLATION

                                             Released:  August 
25, 2004

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,1  to 
     Classic Car Service Corporation,  licensee of radio  station 
     WQAA328.

  2.      On August 12, 2004, agents of the Commission's New York 
     Office inspected radio  station, WQAA328,  located at  38-12 
     Astoria Blvd, Astoria, NY 11104, and observed the  following 
     violations:

     2.a.      47  C.F.R.  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.''   In  this 
               connection,  licensees  shall  exercise  such 
               direction and control as  to assure that  the 
               transmitter   is   being   operated   in    a 
               permissible   manner.    The   station    was 
               operating  from  the  unauthorized   location 
               specified above, whereas the station  license 
               only  authorizes  operation   from  a   fixed 
               location at  26-16 23rd  Avenue, Astoria,  NY 
               11105.

          b.   47  C.F.R.  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.''   In  this 
               connection,  licensees  shall  exercise  such 
               direction and control as  to assure that  the 
               transmitter   is   being   operated   in    a 
               permissible   manner.    The   station    was 
               operating with a transmitter output power  of 
               130 watts, which  is in excess  of the  power 
               stated in the station license. 

          c.   47  C.F.R.   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.''  In this 
               connection,  licensees  shall  exercise  such 
               direction and control as  to assure that  the 
               transmitter   is   being   operated   in    a 
               permissible  manner.   At  the  time  of  the 
               investigation, it  was  determined  that  the 
               base station and mobile units were  operating 
               on a  frequency of  31.02 MHz,  whereas  your  
               station license specifies operation for  both 
               base and  mobile  units on  a   frequency  of 
               31.56 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, Classic Car Service Corporation 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  owner 
     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
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY 10014


  4.      This Notice  shall  be  sent  to  Classic  Car  Service 
     Corporation, 38-12 Astoria Blvd, Astoria, NY 11104.  















  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 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York 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.