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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Bombardier Transportation ) File No. EB-09-PA-0061

   Licensee of Radio Station WPDE245 )

   Pittsburgh, Pennsylvania ) NOV No. V200932400025



                              NOTICE OF VIOLATION

   Released: September 11, 2009

   By the District Director, Philadelphia 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 Bombardier Transportation, the
       licensee of Land Mobile Radio Service Station WPDE245 in Pittsburgh,

    2. On August 24 and 25, 2009, an agent of the Commission's Philadelphia
       Office inspected radio station WPDE245 located in Pittsburgh,
       Pennsylvania and observed the following violations:

     a. 47 C.F.R. S: 90.137(b): "When any unit or units of a base station or
        fixed station which are authorized for operation at temporary
        locations actually remain or are intended to remain at the same
        location for more than 1 year, an application for a separate
        authorization specifying the fixed location shall be made as soon as
        possible, but not later than 30 days after the expiration of the
        1-year period." The license for station WPDE245 authorizes nationwide
        operation of radio transmitting equipment on the frequencies 464.500
        MHz (FB2I) and 469.500 MHz (MOI) on a temporary basis. Although
        Bombardier Transportation has operated the radio transmitting
        equipment at 1501 Lebanon Church Road, Pittsburgh, Pennsylvania for
        more than one year, it failed to make a separate application
        specifying the fixed location.

     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 August 24, 2009 between 6:30 p.m. and 7:30 p.m.,
        Bombardier Transportation did not transmit its call sign
        identification for station WPDE245 on the frequency 464.500 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Bombardier
       Transportation 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 licensee. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne Pennsylvania 19047

    4. This Notice shall be sent to Bombardier Transportation 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.


   Gene J. Stanbro

   District Director

   Philadelphia 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


                       Federal Communications Commission