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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-
Licensee of Radio Station KQU414)            
Hicksville, NY                  )            NOV No. V20043238025

                       NOTICE OF VIOLATION

                                             Released:  August 4, 

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 

  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 

          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 

                 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 

  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 

                                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.