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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bouchard Transportation Co., Inc. ) File No. EB-04-
NY-214
Licensee of Radio Station KQU414)
Hicksville, NY ) NOV No. V20043238025
NOTICE OF VIOLATION
Released: August 4,
2004
By the District Director, New York Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Bouchard Transportation Co., Inc., licensee of radio station
KQU414.
2. On July 31, 2004, agents of the Commission's New York
Office inspected Bouchard's radio transmitting equipment
located at Caddell East Yard, 1351 Richmond Terrace, Staten
Island, New York, and observed the following violations:
2.a. 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 from the unauthorized location
specified above, whereas the station license
only authorizes operation from a fixed
location at 21 West Street, New York City,
New York.
b. 47 C.F.R. §80.89(d): ``Stations must not,
when using telephony, transmit signals or
communications not addressed to a particular
station or stations.'' The station was
unintentionally transmitting a continuous
carrier on 156.500 MHz, which was interfering
with radio communications on marine channel
10.
Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Bouchard Transportation Co.,
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
3. This Notice shall be sent to Bouchard Transportation
Co., Inc., 58 South Service Road, Suite 150, Melville, NY
11747.
4. 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.