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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-MA-0120

   Data Flow Systems, Inc. )

   Melbourne, FL ) Citation No.: C200932600001



                                                      Released: July 30, 2009

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Data Flow
       Systems, Inc. ("Data Flow"), for violation of Section 90.427(b) of the
       Commission's Rules ("Rules").

    2. On July 23, 2009, an agent from the Commission's Miami Office of the
       Enforcement Bureau inspected a telemetry system owned by the Broward
       County Office of Environmental Services ("BCOES") at a Broward County
       transmitter site located at 4301 SW 142nd Avenue, Davie, FL. A
       representative from Data Flow stated that it was the contractor hired
       by BCOES to install and maintain the telemetry system. The agents
       observed that the telemetry system was operating on the frequencies
       217.175 MHz, 217.825 MHz, 218.325 MHz, and 219.850 MHz. At the time of
       inspection, BCOES was not authorized under any license to operate on
       these frequencies at the Davie transmitter site, nor was BCOES
       authorized under any license to operate on the frequency 219.850 MHz
       at any location. The representative also stated that Data Flow
       programmed the operational fixed station transmitters used in the
       telemetry system at the Davie transmitter site with the four
       above-mentioned frequencies.

    3. Section 90.427(b) of the Rules states "[e]xcept for frequencies used
       in accordance with S: 90.417, no person shall program into a
       transmitter frequencies for which the licensee using the transmitter
       is not authorized." By programming radios with frequencies for which
       BCOES was not authorized, Data Flow violated this section.

    4. Violations of the Act or the Rules may subject the violator to
       substantial monetary forfeitures, seizure of equipment through in rem
       forfeiture action, and criminal sanctions, including imprisonment.

    5. Pursuant to Sections 4(i), 4(j), 308(b) and 403 of the Act, Data Flow 
       is directed to provide to the Commission's Miami Office the documents
       and information specified herein, within 14 days from the date of this

     a. A list of all BCOES-owned or leased  radio transmitting equipment
        that Data Flow has installed and/or programmed frequencies into,
        which, for each transmitter, must include: the exact location
        (address and coordinates), operating frequencies, date the
        transmitter began operation, FCC license call sign (if any), and
        license grant date (if any).

    6. Data Flow may request an interview at the closest FCC Office, which is
       Federal Communications Commission, Tampa Office, 2203 N. Lois Ave.,
       Room 1215, Tampa, Florida 33607. You may contact the Tampa office by
       telephone, (XXX) XXXX-XXXXto schedule this interview, which must take
       place within 14 days of this Citation. Data Flow may also submit a
       written statement to Federal Communications Commission, Miami Office,
       PO Box 520617, Miami, Florida 33152, within 14 days of the date of
       this Citation. Any written statements should specify what actions have
       been taken to correct the violation outlined above. Please reference
       file number EB-09-MA-0120 when corresponding with the Commission.

    7. Any statement or information provided by you may be used by the
       Commission to determine if further enforcement action is required. Any
       knowingly or willfully false statement made in reply to this Citation
       is punishable by fine or imprisonment.

    8. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to Data
       Flow Systems, Inc., at its address of record.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 90.427(b).

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S: 503(b)(5).

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

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

                       Federal Communications Commission


                       Federal Communications Commission