Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )
                                )
Fernandez, Manuel               )            File  No.  EB-04-NY-
253
Licensee of Radio Station WNMX592            )    
Brooklyn, NY                    )            NOV No. V20053238004



                       NOTICE OF VIOLATION

                                             Released:  October 
18, 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 
     Fernandez, Manuel, licensee of radio station WNMX592.

  2.      On October 12, 2004, an  agent of the Commission's  New 
     York Office inspected radio station, WNMX592, located at 390 
     Metropolitan Avenue, Brooklyn,  NY 11211,  and observed  the 
     following violation:


     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 with  an  ERP  (effective  radiated 
               power) of 300 watts which is in excess of the 
               power stated in the station license. 

     2.b.      47 C.F.R.    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.''   Fernandez,   Manuel  failed   to 
               identify  its  radio  station  once  each  15 
               minutes by the transmission of the call sign, 
               WNMX592. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Fernandez,  Manuel 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  the 
     licensee.  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  Fernandez, Manuel,  390 
     Metropolitan Avenue, Brooklyn, NY 11211.  

  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
                                Northeast Region
                                Enforcement Bureau


_________________________

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.