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*****************************************************************

                                  Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of	)
	)
P & R Spectrum Resources, Inc.	)	File No. EB-FIELDNER-14-00017631
Licensee of Station WPGA762	)
	)
Dayton, Ohio	)	NOV No. V201532360001
				       )

NOTICE OF VIOLATION


	Released: December 8, 2014

By the District Director, Detroit Office,	Northeast Region,
Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to P & R Spectrum Resources, Inc.,
licensee of radio station WPGA762 in Dayton, Ohio.  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(s)
noted herein.

* On October 23, 2014, agents of the Enforcement Bureau's Detroit Office
investigated a complaint of interference on the frequency of 463.625
MHz in Modoc, Indiana.	Using direction finding techniques the agents
located and monitored radio station WPGA762, a fixed base radio located
at 591 East Loy Road, Piqua, Ohio, and observed the following violations:

  + 47 C.F.R. § 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."  P & R Spectrum Resources, Inc. is operating a fixed
  repeater station with assigned authorized emissions of 11K2F3E and
  7K60FXE. At the time of the inspection the station was also observed to
  be operating with emission of 7K60FXD, an emission type not authorized
  by its license.



  + 47 C.F.R. § 90.403(c): "Except for stations that have been granted
  exclusive channels under this part and that are classified as commercial
  mobile radio service providers pursuant to Part 20 of this chapter,
  each licensee must restrict all transmissions to the minimum practical
  transmission time and must employ an efficient operating procedure
  designed to maximize the utilization of the spectrum."  At the time
  of the investigation, the agents monitored WPGA762 for over one hour
  and observed a nearly continuous signal that occupied the shared
  channel of 463.625 MHz, with only a few short pauses. Such operation
  affords no reasonable opportunity for other licensed users to utilize
  the frequency.

  + 47 C.F.R. § 90.425(a): "Stations licensed under this part shall
  transmit identification in accordance with the following provisions:
  (a) Identification procedure. 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. If the station is employing either analog or digital voice
  scrambling, or non-voice emission, transmission of the required
  identification shall be in the unscrambled mode using A3E, F3E or
  G3E emission, or International Morse, with all encoding disabled."
  At the time of the monitoring, the agents observed that an incorrect
  call sign was given.

* 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, P &
R Spectrum Resources Inc., must submit a written statement concerning this
matter within twenty (20) days of release of this Notice.  The response
(i) must fully explain the 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.
* In accordance with Section 1.16 of the Rules, we direct P & R Spectrum
Resources Inc. to support their response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an authorized
officer of P & R Spectrum Resources Inc., 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.
* 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335

* This Notice shall be sent to P & R Spectrum Resources Inc. at its
address of record.

* 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



James A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau