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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Service Radio Rentals Inc. ) File No. EB-08-SF-0051
Licensee of Radio Station WQBU262 )
Baton Rouge, Louisiana ) NOV No. V200832960004
)
)
NOTICE OF VIOLATION
Released: April 8, 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 Service Radio Rentals Inc.,
licensee of station WQBU262 in Baton Rouge, Louisiana.
2. On March 5, 2008, agents of the Enforcement Bureau's San Francisco
Office acting on a complaint of interference to a licensed user on
452.550 MHz monitored a mobile radio station located at Martinez,
California. The users stated that Service Radio Rentals, Inc., had
programmed the radios for their use. The agents 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." At the time of inspection, the authorization for WQBU262 did
not include 452.550 MHz as one of its authorized frequencies.
b. 47 C.F.R. S: 90.427(b) "Except for frequencies used in accordance
with S: 90.417, no person shall program into a transmitter
frequencies for which the licensee using the transmitter is not
authorized." At the time of the inspection, Service Radio Rentals
Inc. had programmed 452.550 MHz into the radios being used, even
though the authorization for WQBU262 did not include 452.550 MHz as
one of its authorized frequencies.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Service Radio Rentals
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 an officer of the Service
Radio Rentals 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
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 Service Radio Rentals 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
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