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 )

   )

   ABCO-2-Way-Radio Inc. ) File No. EB-08-NY-0415

   Licensee of Radio Station WQDS292 )

   Levittown, New York ) NOV No.V200932380027

                              NOTICE OF VIOLATION

   Released: March  18,  2009

   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 to ABCO-2-Way-Radio Inc., licensee of
       land mobile station WQDS292 in Levittown, New York.

    2. On March 16, 2009, in response to a complaint of interference from a
       FCC licensee, agents from the Commission's New York Office
       investigated radio station WQDS292 located in Brooklyn, New York and
       observed the following violations:

    a. 47 C.F.R. S: 90.210(b)(3): "For transmitters that are equipped with an
       audio low-pass filter, the power of any emission must be attenuated
       below the unmodulated carrier power (P) ... [o]n any frequency removed
       from the assigned frequency by more than 250 percent of the authorized
       bandwidth: At least 43 + 10 log (P) dB." The agent observed a
       frequency variant spurious emission centered around 465.400 MHz that
       exceeded the required emission mask by as much as 30 dB.

    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 March 16, 2009, between 1:30 p.m. and 4:00 p.m.,
       ABCO-2-Way-Radio Inc. did not transmit its call sign identification
       WQDS292 on the frequency 464.800 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, ABCO-2-Way-Radio
       Inc. 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 ABCO-2-Way-Radio Inc. 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 ABCO-2-Way-Radio 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York District 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

   2

                       Federal Communications Commission