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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Yours Car Service Inc. ) File No. EB-08-NY-0324
Licensee of Radio Station WQJQ813 )
Brooklyn, New York ) NOV No. V200932380012
NOTICE OF VIOLATION
Released: December 16, 2008
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Yours Car Service Inc. ("Yours"),
licensee of private land mobile radio station WQJQ813, Brooklyn, New
York.
2. On December 11, 2008, in response to a complaint, an agent of the
Commission's New York Office inspected radio station WQJQ813, and
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..." According to the station license, Yours is authorized to operate
a mobile relay station at 7205 3rd Avenue, Brooklyn, New York on the
frequency 159.81 MHz. At the time of inspection, an agent determined that
Yours operated as a base station on the frequency 159.81 MHz at 7205 3rd
Avenue, Brooklyn, New York.
b. 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
December 11, 2008, between 9:45 a.m. and 11:15 a.m., Yours did not
transmit its call sign identification for station WQJQ813 on the frequency
159.81 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Yours must submit
a written statement concerning this matter within twenty (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
Yours. 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Yours Car Service 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
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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