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 )


   Yellow Cab Operators Association, Inc. ) File No. EB-09-MA-0170

   Licensee of Radio Station KOL845 )

   Miami, FL ) NOV No. V201032600002



                              NOTICE OF VIOLATION

   Released: November 4, 2009

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Yellow Cab Operators Association,
       Inc. ("Yellow Cab"), licensee of radio station KOL845, in Miami, FL.

    2. On October 14, 2009, based on a Commission licensee's complaint of
       radio interference, agents of the Commission's Miami Office monitored
       simultaneous, identical transmissions on frequencies 451.350 MHz,
       452.100 MHz, and 452.450 MHz, from radio station KOL845, and
       subsequently conducted an inspection of the station. The agents
       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." Yellow Cab is authorized
        under its license, KOL845, to operate its three base stations from
        3620 NW 22nd Avenue, Miami FL, at coordinates 25DEG 48' 34.4" N
        latitude and 080DEG 13' 56.2" W longitude. The agents observed that
        Yellow Cab was transmitting on all three frequencies from an
        unauthorized location at 3109/3111 NW 27th Avenue, Miami, FL, at
        coordinates 25DEG 48' 18" N latitude and 080DEG 14' 22" W longitude,
        which is approximately 0.55 miles from the authorized 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 October 14, 2009, between 11:30 a.m. and 1:00 p.m.,
        agents observed that Yellow Cab did not transmit its call sign
        identification KOL845 on the frequencies 451.350 MHz, 452.100 MHz,
        and 452.450 MHz.

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


   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


                       Federal Communications Commission