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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bedford Stuyvesant Restoration Corp. ) File No. EB-07-NY-304
Licensee of Radio Station WQBI221 )
Brooklyn, New York ) NOV No. V20073238045
)
NOTICE OF VIOLATION
Released: September 4, 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 to Bedford Stuyvesant Restoration Corp.
("BSRC") the licensee of land mobile radio station WQBI221 in
Brooklyn, New York.
2. On August 16, 2007, the New York Office received a complaint of radio
interference to licensed communications on the frequency 462.550 MHz.
The complaint indicated that the source of the unauthorized radio
transmissions on 462.550 MHz was a repeater station operated by BSRC
at 1368 Fulton Street, Brooklyn, NY 11216. On August 20, 2007, an
agent from the FCC New York Office conducted an inspection of BSRC's
radio system located at 1368 Fulton Street and identified the
following violation:
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
. . ." According to the license for radio station WQBI221, BSRC is
authorized to operate only mobile radios, limited to 2 watts of power, on
the frequency 468.2125 MHz. At the time of the inspection, the agent
observed BSRC operating a repeater station on the frequency 462.550 MHz,
and mobile units operating on the frequencies 467.550 MHz and 464.550 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, BSRC 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 the
licensee. 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 Bedford Stuyvesant Restoration Corp. 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