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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ORC Repeater and Comm. Inc. ) File No. EB-06-NY-068
Licensee of Radio Station WQDL718 )
Bronx, NY ) NOV No. V20063238026
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 ORC Repeater and Comm. Inc. ("ORC
Repeater"), licensee of Land Mobile Radio Station WQDL718, Bronx, New
York.
2. On March 23, 2006, an agent of the Commission's New York Office
investigated a complaint of interference to the radio communications
system used by Riverbay Corporation in the Bronx, New York, and
observed the following violations:
a. 47. C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." On March 23, 2006 between 7:00 a.m. and 7:30 a.m., the
agent observed that ORC Repeater failed to monitor the frequency
464.775 MHz prior to transmitting, and as a result, caused
interference to other ongoing communications on the frequency 464.775
MHz.
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 23, 2006 between 5:00 a.m. and 7:30 a.m., ORC
Repeater did not transmit its call sign identification WQDL718.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, ORC Repeater
Comm. Inc. 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
prinicipal or officer of ORC Repeater. 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 ORC Repeater 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