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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Discovery On Line ) File No. EB-07-NY-367
Licensee of Radio Station WQHG212 )
Bronx, New York ) NOV No. V20073238052
NOTICE OF VIOLATION
Released: September 28, 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 Discovery On Line ("Discovery"),
licensee of private land mobile radio station WQHG212, Bronx, New
York.
2. On September 25, 2007, in response to an interference complaint from a
licensee, an agent of the Commission's New York Office monitored radio
station WQHG212, 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, except as specified in paragraph (b) of this section."
Discovery is operating with its antenna at a height of 82.2 meters
whereas the height authorized in the license is 33 meters.
b. 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 September 25, 2007, between 9:30 a.m. and 2:00 p.m.,
Discovery did not transmit its call sign identification for station
WQHG212 on the frequency 463.3875 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Discovery, 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
Discovery. 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 Discovery On Line 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 District 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