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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kiss Car Service, Inc. ) File No. EB-04-NY-
108
Licensee of Radio Station WNMZ393 )
Bronx, NY ) NOV No. V20043238014
NOTICE OF VIOLATION
Released: May 20,
2004
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Kiss
Car Service, licensee of radio station WNMZ393.
2. On April 30, 2004, an agent of the Commission's New
York Office inspected radio station, WNMZ393, located at
Bronx, New York, and observed the following violation(s):
47 C.F.R. §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.''
In this connection, licensees shall exercise such
direction and control as to assure that the
transmitter is being operated in a permissible
manner. The station was operating with an ERP
(effective radiated power) of 573 watts which is
in excess of the power stated in the station
license.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Kiss Car Service, Inc. 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 the owner
with personal knowledge of the matter. 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Kiss Car Service, Inc.,
2774 Webster Avenue, Bronx, NY 10458.
5. The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.