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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mega Radio Dispatcher Inc ) File No. EB-06-NY-052
Licensee of Radio Station WPTY997 )
Bronx, NY ) NOV No. V20063238027
NOTICE OF VIOLATION
Released: April 25, 2006
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, to Mega Radio Dispatcher Inc ("Mega"),
licensee of Land Mobile Radio Station WPTY997, Bronx, New York.
2. On March 23 and 27, 2006, an agent of the Commission's New York Office
investigated a complaint of interference to the radio communications
system used by the New York City Department of Sanitation, and
observed the following violations:
a. 47 C.F.R. S 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." On March 23, 2006, the agent observed that Mega operated radio
station WPTY997 with an antenna height of approximately 73 meters,
exceeding its authorized antenna height of 43.8 meters.
b. 47 C.F.R. S 90.425(a): "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...." On March 26, 2006, between 8:45 a.m. and 9:45 a.m., Mega
did not transmit its call sign identification WPTY997 on the frequency
461.150 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Mega must submit
a written statement concerning this matter within twenty (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
Mega. 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 Mega Radio Dispatcher Inc at its address
of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission