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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Shakar Bey ) File  No.EB-FIELDNER-12-00004693

   Licensee of Citizen's Band Radio Station )

   Philadelphia, Pennsylvania ) NOV No. V201332400005

   )

   ) 

                              NOTICE OF VIOLATION

   Released: November 26, 2012

   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 (Rules) to Shakar Bey, licensee of a
       Citizen's Band (CB) radio station in Philadelphia, Pennsylvania. 
       Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
       not preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violations noted herein.

    2. On November 21, 2011, October 4, 2012, and October 9, 2012,  agents of
       the Enforcement Bureau's Philadelphia Office inspected the CB station
       located at Shakar Bey's residence  in Philadelphia, Pennsylvania and
       observed the following violations:

     a. 47 C.F.R S: 95.410(a): "Your CB transmitter should not exceed the
        following values under any conditions: AM-4 watts (carrier power)
        SSB-12watts (peak envelope power)."  Based on over-the-air signal
        strength measurements and power reading measurements of the CB
        transmitter, agents determined that on October 4, 2012, between 9:30
        AM and 12:30 AM, Shakar Bey operated his CB station with an output
        carrier power in excess of 4 Watts.

     b. 47 C.F.R. S: 95.413(a)(6): "You must not use a CB station to transmit
        music, whistling, sound effects or any material to amuse or
        entertain." On October 4, 2012, between 10:47  AM and 10:55  AM,
        Shakar Bey transmitted music continuously on the frequency 27.025
        MHz.

    3. Pursuant to Section  308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken.  Therefore,
       Shakar Bey, must submit a written statement concerning this matter
       within twenty (20) days of release of this Notice. The response (i)
       must fully explain each violation, including all relevant surrounding
       facts and circumstances, (ii) must contain a statement of the specific
       action(s) taken to correct each violation and preclude recurrence, and
       (iii) must include a time line for completion of any pending
       corrective action(s). The response must be complete in itself and must
       not be abbreviated by reference to other communications or answers to
       other notices.

    4. In accordance with Section 1.16 of the Rules, we direct Shakar Bey to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Shakar Bey with personal knowledge of the representations provided in
       Shakar Bey response, verifying the truth and accuracy of the
       information therein, and confirming that all of the information
       requested by this Notice which is in the licensee's possession,
       custody, control, or knowledge has been produced. To knowingly and
       willfully make any false statement or conceal any material fact in
       reply to this Notice is punishable by fine or imprisonment under Title
       18 of the U.S. Code.

    5. 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

    6. This Notice shall be sent to Shakar Bey at his address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David Dombrowski

   District Director

   Philadelphia  District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 308(b).

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission