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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Richmond ) File No. EB-07-SF-237
Licensee of Radio Station WPED339 )
Richmond, California ) NOV No. V200832960003
)
)
NOTICE OF VIOLATION
Released: March 6, 2008
By the District Director, San Francisco 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 City of Richmond, licensee of
station WPED339 in Richmond, California.
2. On February 8, 2008, agents of the Enforcement Bureau's San Francisco
Office monitored and inspected radio station WPED339 located at
Richmond, California and observed the following violations:
a. 47 C.F.R. S: 90.242(a)(7) "Travelers Information Stations shall
transmit only noncommercial voice information pertaining to traffic
and road conditions, traffic hazard and travel advisories,
directions, availability of lodging, rest stops and service stations
and descriptions of local points of interest." At the time of the
monitoring, WPED339 was continuously retransmitting the National
Weather Service Station (WNG655), which did not contain content
pertaining to traffic and road conditions, traffic hazard and travel
advisories, directions, availability of lodging, rest stops and
service stations and descriptions of local interest.
b. 47 C.F.R. S: 90.463(c)(2) "A transmitter control point may be located
at a fixed position in a system of communication at or from which the
control operator exercises supervision and control over the operation
and use of the licensed facilities. Each fixed transmitter control
point shall have equipment and facilities to permit the control
operator: To turn the carrier of the transmitter on and off at will,
or to close the system down completely, when circumstances warrant
such action." At the time of inspection there appeared to be no
control point and there was no mechanism in place to turn the
transmitter off except to go directly to the remote transmitter site
and physically turn the transmitter off.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, City of Richmond, 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 an officer of the City of
Richmond. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to the City of Richmond 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
Thomas N. VanStavern
District Director
San Francisco 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