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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Classic Car Service Corporation ) File No. EB-04-NY-
215
Licensee of Radio Station WQAA328 )
Astoria, NY ) NOV No. V20043238026
NOTICE OF VIOLATION
Released: August
25, 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
Classic Car Service Corporation, licensee of radio station
WQAA328.
2. On August 12, 2004, agents of the Commission's New York
Office inspected radio station, WQAA328, located at 38-12
Astoria Blvd, Astoria, NY 11104, 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 26-16 23rd Avenue, Astoria, NY
11105.
b. 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 a transmitter output power of
130 watts, which is in excess of the power
stated in the station license.
c. 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. At the time of the
investigation, it was determined that the
base station and mobile units were operating
on a frequency of 31.02 MHz, whereas your
station license specifies operation for both
base and mobile units on a frequency of
31.56 MHz.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Classic Car Service Corporation 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 Classic Car Service
Corporation, 38-12 Astoria Blvd, Astoria, NY 11104.
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.