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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lloyd Hoff Holding Corp dba Repeaters ) File No. EB-10-PA-0207
Licensee of Radio Station WQAR631 )
Bruceton Mills, West Virginia ) NOV No. V201032400049
)
)
NOTICE OF VIOLATION
Released: August 16, 2010
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 Lloyd Hoff Holding Corp dba
Repeaters ("Lloyd Hoff"), the licensee of radio station WQAR631 in
Bruceton Mills, West Virginia.
2. On June 17, 2010, in response to a complaint from Fossman Corp., the
licensee of station WZJ890, an agent of the Commission's Philadelphia
Office monitored the transmissions on 461.475 MHz from station WQAR631
located in Bruceton Mills, West Virginia and observed the following
violations:
a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." At the time of the investigation, station WQAR631 was
transmitting a digitally modulated signal on 461.475 MHz. There was
no evidence that the station was monitoring for communications in
progress, which created the potential for interference and prevented
the effective sharing of the frequency with other licensed users.
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."
Between 2:30 p.m. and 5:00 p.m. on July 20, 2010, the agent observed
that station WQAR631 did not transmit its call sign identification on
the frequency 461.475 MHz.
c. 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, except as specified in paragraph (b) of this section." Lloyd
Hoff was transmitting digital emissions on the frequency 461.475 MHz.
The license for station WQAR631 only authorizes FM analog telephony
emissions (F3E) on the frequency 461.475 MHz. The F3E class of
emission does not authorize digital transmissions.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Lloyd Hoff 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 Lloyd Hoff 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
Gene J. Stanbro
District Director
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