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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
BP AMERICA, INC. ) File No. EB-08-DV-004
Licensee of Radio Station WQEW386 )
La Barge, Wyoming ) NOV No. V20083280003
NOTICE OF VIOLATION
Released: January 25, 2008
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to BP AMERICA, INC., licensee of radio
station WQEW386 in La Barge, Wyoming.
2. On January 14 and January 15, 2008, in response to a complaint of
interference, agents of the Enforcement Bureau's Denver Office
monitored WQEW386 located at La Barge, Wyoming, and observed the
following violation:
a. 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 14, 2008, between 5:45 p.m. MST and 6:30 p.m.
MST, and on January 15, 2008, between 8:30 a.m. MST and 9:01 a.m.
MST, BP AMERICA, INC., did not transmit its call sign identification
for station WQEW386 on the frequency 152.3225 MHz.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, BP AMERICA, INC., must
submit a written statement concerning this matter within 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 BP
AMERICA, INC. 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
Denver Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to BP AMERICA, 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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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