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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.


   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


                       Federal Communications Commission