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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
B&L Service, Inc. ) File No. EB-09-MA-0169
Licensee of Radio Station KWM946 )
Fort Lauderdale, FL ) NOV No. V201032600001
)
)
NOTICE OF VIOLATION
Released: November 4, 2009
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to B&L Service, Inc. ("B&L"), licensee
of radio station KWM946, in Fort Lauderdale, FL.
2. On October 23, 2009, based on a Commission licensee's complaint of
radio interference, agents of the Commission's Miami Office monitored
radio station KWM946 on the frequency 152.360 MHz 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." Furthermore, 47 C.F.R. S: 1.903(b) states: "The holding of an
authorization does not create any rights beyond the terms, conditions
and period specified in the authorization." B&L is authorized under
its license, KWM946, to operate a base station on 152.360 MHz only
from 1635 North Federal Highway, Hollywood, FL, at coordinates 26DEG
01' 35.3" N latitude and 080DEG 08' 35.2" W longitude, with an
antenna height of 30 meters. B&L is also authorized by its license,
KDS336, to operate a base station on 152.420 MHz from One Financial
Plaza, Fort Lauderdale, FL, at coordinates 26DEG 07' 17.3" N latitude
and 080DEG 09' 00.2" W longitude, with an antenna height of 114
meters. The agents observed that B&L was transmitting on frequency
152.360 MHz from One Financial Plaza. B&L personnel stated that it
was operating under call sign KWM946 on 152.360 MHz from One
Financial Plaza. Thus, B&L was operating on 152.360 MHz from a
location which is 6.58 miles from the authorized location and with an
antenna height which exceeds the authorized height by 82 meters.
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 23, 2009, between 12 noon and 1:30 p.m.,
agents observed that B&L did not transmit its call sign
identification KWM946 on the frequency 152.360 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, B&L 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
B&L. 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
Miami Office
PO Box 520617
Miami, FL 33152-0617
4. This Notice shall be sent to B&L 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
Steven DeSena
Resident Agent
Miami Office
South Central 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