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


In the Matter of                 )
                                 )
Westerly Fire District           )         File No. EB-05-
BS-088
Licensee of Radio Station KUV824 )
Westerly, R.I. 02891             )         NOV           No.  
V20063226005
                                 )
                                 )
                                 )


                     NOTICE OF VIOLATION

                                             
                                        Released: January 
26, 2006

By the District Director, Boston Office, Northeast Region, 
Enforcement Bureau:

   1.     This is a Notice of Violation (``Notice'') issued 
     pursuant to Section 1.89 of the Commission's Rules1 to 
     Westerly Fire District, licensee of private land mobile 
     radio station KUV824 in Westerly, Rhode Island.

   2.     On January 12, 2006, an agent of the Commission's 
     Boston Office inspected radio station KUV824 located at 
     30 Chestnut Street, Westerly, R.I. 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....''  According to 
        the license for station KUV824, Westerly Fire 
        District is authorized to operate mobile radio 
        units on the frequency 150.805 MHz.  At the 
        time of the inspection, the agent observed 
        Westerly Fire District operating a fixed 
        control station on 150.805 MHz at 30 Chestnut 
        Street Westerly R.I. without authorization. 


   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Westerly Fire District, 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 
     Westerly Fire District.  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
                  Boston Office
                  1 Battery March Park
                  Quincy, MA 02169


   4.     This Notice shall be sent to Westerly Fire 
     District at its address of record.

   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




                         Dennis Loria
                         District Director
                         Boston District Office
                         Northeast Region
                         Enforcement Bureau



_________________________

147 C.F.R.  1.89.

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

418 U.S.C.  1001 et seq.