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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Rescue Inc. ) File No.: EB-FIELDNER-13-00010883

   Licensee of Station KGV302 )

   Brattleboro, VT ) NOV No.: V201332260006

   )

   )

                              NOTICE OF VIOLATION

   Released: September 17, 2013

   By the District Director, Boston 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 Rescue Inc., licensee of Private
       Land Mobile Radio Station KGV302, in Brattleboro, Vermont. 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 violation noted herein.^

    2. On August 16, 2013, an agent of the Enforcement Bureau's Boston Office
       inspected Private Land Mobile Station KGV302 and observed the
       following violation:

   47 C.F.R. S 1.903(a): "General rule. 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." The
   agent determined that Station KGV302's mobile units, which are authorized
   to operate with 45 watts of power, were operating at 100 watts.

    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 violation and any remedial actions taken.
       Therefore, Rescue Inc. 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 Rescue Inc. to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an individual who has
       personal knowledge of the representations provided in Rescue Inc.'s
       response and who has the authority to verify the truth and accuracy of
       the information therein,^ and confirm that all of the information
       requested by this Notice which is in the possession, custody, control,
       or knowledge of Rescue Inc. 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

   Boston Office

   1 Batterymarch Park

   Quincy, MA 02169

    6. This Notice shall be sent to Rescue Inc. at its 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

   Dennis Loria

   District Director

   Boston 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 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

   2

                       Federal Communications Commission