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

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 )


   Salvamex Car Service Inc. ) File No. EB-06-NY-206

   dba Azteca Car Service )

   Licensee of Radio Station WPTG9981239609 ) NOV No. V20073238003

   Yonkers, NY )

                              NOTICE OF VIOLATION

   Released:  November 7, 2006

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Salvamex Car Service Inc.
       ("Salvamex"), licensee of private land mobile radio station WPTG998,
       Yonkers, NY.

    2. On October 17, 2006, in response to an interference complaint from a
       licensee, an agent of the Commission's New York Office monitored and
       inspected radio station WPTG998, located at 245 New Main Street,
       Yonkers, NY 10701, and observed the following violations:

     a. 47 C.F.R. S 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..." At the time of inspection, Salvamex's fixed base
        transmitter, which is authorized to operate at 193 South Broadway,
        Yonkers, NY, was found operating at 54 Van Cortlandt Pk Avenue,
        Yonkers, NY, which is approximately 0.5 miles away from the
        authorized location. In addition, at the time of inspection, the
        owner of Salvamex admitted to operating 90 mobile units on the
        frequency 159.840 MHz. Salvamex is authorized to operate only 25
        mobile units on that frequency.

     b. 47 C.F.R. S 90.425(a): "Except as provided for in paragraphs (d) and
        (e) of this section, each station or 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...." On October 17, 2006, between 2:00 p.m. and 3:00 p.m.,
        Salvamex did not transmit its call sign identification for station
        WPTG998 on the frequency 151.670 MHz.

     c. 47 C.F.R. S 90.429(c): "Control point location. The location of the
        control point will be specified in the station license and will be
        assumed to be the same as that of the transmitting equipment unless
        an application for a different location has been approved by the
        Commission." At the time of inspection, Salvamex was operating at a
        control point location of 245 New Main Street, Yonkers, NY 10701,
        which is not the location of its transmitter and has not otherwise
        been authorized by the Commission as a control point.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Salvamex 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
       Salvamex. 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 Salvamex Car Service Inc. 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.


   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

   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