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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Peachtree Telecommunications International, LLC ) File No. EB-10-DV-0071

   Licensee of WQLD786 )

   ) NOV No. V201132800013

   Duluth, GA )

                              NOTICE OF VIOLATION

   Released:  April  14, 2011

   By the District Director, Denver District Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Peachtree Telecommunications
       International, LLC ("Peachtree"), in Duluth, Georgia, licensee of
       nationwide license WQLD786.

    2. On August 5, 2010, in response to a complaint of interference, the
       Enforcement Bureau's Denver District Office investigated WQLD786, a
       wireless broadband services operation, operated in coordination with
       the New Mexico Department of Transportation, as part of the Rail
       Runner Train System in New Mexico. After further investigation, the
       Denver Office has determined the following violations:

     a. 47 C.F.R. S: 90.1321(c): "Mobile and portable stations are limited to
        1 watt/25 MHz EIRP. In any event, the peak EIRP density shall not
        exceed 40 milliwatts in any one-megahertz slice of spectrum." At peak
        power levels, the EIRP of the equipment utilized by Peachtree can be
        as high as 36dBm, which equates to 3981 milliwatts, exceeding the
        power authorized for WQLD786 in this band.

     b. 47 C.F.R. S: 90.1319(c): "Equipment incorporating an unrestricted
        contention-based protocol (i.e. one capable of avoiding co-frequency
        interference with devices using all other types of contention-based
        protocols) may operate throughout the 50 megahertz of this frequency
        band. Equipment incorporating a restricted contention-based protocol
        (i.e. one that does not qualify as unrestricted) may operate in, and
        shall only tune over, the lower 25 megahertz of this frequency band."
        Pursuant to the WQLD786 authorization, the station's transmission
        method/protocol is restricted and, therefore, its operation is
        limited to operation in the lower 25 MHz of this band, 3650-3675MHz.
        The investigation revealed that Peachtree was operating on 3679.5MHz,
        3690MHz, and 3695MHz, using radio equipment Alvarion LKT-BMAX-SU36,
        instead of Alvarion LKT-BMAX-BA36.

    3. Pursuant to Section 308(b)of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Peachtree, must
       submit a written statement concerning this matter within 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
       Peachtree. 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

   Denver District Office

   215 S. Wadsworth Blvd, Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent to Peachtree 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western 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