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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wind River, Inc. ) File No. EB-08-DV-021
Licensee of Radio Station WQBN834 )
Pinedale, Wyoming ) NOV No. V20083280004
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 Wind River, Inc. ("Wind River"),
licensee of radio station WQBN834 in Pinedale, Wyoming.
2. On January 14, 2008, in response to a complaint of interference,
agents of the Enforcement Bureau's Denver Office monitored WQBN834
located at Pinedale, 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 3:00 p.m. and 6:30 p.m., MST,
Wind River did not transmit its call sign identification for station
WQBN834 on the frequency 152.315 MHz.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Wind River 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 Wind River.
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 Wind River, 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