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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   City of Bell Gardens ) File No: EB-06-LA-138

   Licensee of Radio Station WPUJ467 )

   ) NOV No. V20063290009

   Bell Gardens, CA )



                              NOTICE OF VIOLATION

   Released: June 1, 2006

   By the District Director Los Angeles District Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to City of Bell Gardens, licensee of
       radio station WPUJ467.

    2. On May 2, 2006, and May 4, 2006, an agent of the Enforcement Bureau's
       Los Angeles Office used direction finding techniques to locate and
       monitor radio station WPUJ467, and observed the following

     a. 47 C.F.R. S 90.242(b)(1): "The use of 6K00A3E emission will be
        authorized, however N0N emission may be used for purposes of receiver
        quieting, but only for a system of stations employing `leaky' cable
        antennas." At the time of the inspection, the station was
        continuously transmitting an unmodulated carrier using a fixed
        vertical antenna.

     b. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
        transmit identification in accordance with the following provisions:
        (a) Identification procedure. Except as provide for in paragraphs (d)
        and (e) of this section, each station or system shall be identified
        by the transmission of the assigned callsign during each transmission
        or exchange of transmissions, or once each 15 minutes (30 minutes in
        the Public Safety Pool) during periods of continuous operation." At
        the time of the inspection, the station was continuously transmitting
        an unmodulated carrier and, after a period exceeding 45 minutes, no
        callsign was transmitted.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, City of Bell Gardens, 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
       City of Bell Gardens. 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

   Los Angeles Office

   18000 Studebaker Rd., Suite 660

   Cerritos, CA 90803

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to City of Bell Gardens 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.


   Catherine Deaton

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

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

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

   Federal Communications Commission


                       Federal Communications Commission