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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Abdelaziz B. Elhag ) File No. EB-07-NY-007
Licensee of Radio Station WPOC570 )
Brooklyn, New York ) NOV No. V20073238021
NOTICE OF VIOLATION
Released: February 21, 2007
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 (the "Rules"), to Abdelaziz B. Elhag,
licensee of private land mobile station WPOC570.
2. On January 12, 2007, in response to an interference complaint from a
licensee, an agent of the Commission's New York Office monitored and
inspected radio station WPOC570, located at 1025 Atlantic Avenue
Brooklyn, New York and observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service 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...." At the time of the inspection, it was determined that
Abdelaziz B. Elhag was operating mobile units on the frequency
466.325 MHz. Abdelaziz B. Elhages' license for Station WPOC570 does
not authorize operation on this frequency. In addition, it was
determined that Abdelaziz B. Elhag was operating station WPOC570 with
an effective radiated power in excess of the power authorized in the
station license.
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 January 12, 2007, between 1:45 p.m.
and 2:15 p.m., Abdelaziz B. Elhag did not transmit its call sign
identification
for station WPOC570 on the frequency 461.325 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, United States
Cellular CorporationAbdelaziz B. Elhag 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 Abdelaziz B. Elhag. 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, New York 10014
4. This Notice shall be sent to Abdelaziz B. Elhag 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.
2
Federal Communications Commission