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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ORC Repeater and Comm Inc. ) File No. EB-08-NY-0418
Licensee of Radio Station WQDL718 )
Bronx, New York ) NOV No. V200932380014
NOTICE OF VIOLATION
Released: December 19, 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 ORC Repeater and Comm Inc. ("ORC"),
licensee of private land mobile radio station WQDL718, Bronx, New
York.
2. On December 12, 2008, in response to a complaint of interference, an
agent of the Commission's New York Office inspected radio station
WQDL718, 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, ORC is authorized to operate a
6.1 meter Control Station on the frequency 469.775 MHz. at 1787 Amsterdam
Avenue, Bronx, New York. At the time of inspection, an agent determined
that ORC operated a base station on the frequency 469.775 MHz at 1787
Amsterdam Avenue, Bronx, New York.
b. 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
December 12, 2008, between 9:45 a.m. and 11:30 a.m., ORC did not transmit
its call sign identification for station WQDL718 on the frequency 469.775
MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, ORC 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
ORC. 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, New York 10014
4. This Notice shall be sent to ORC Repeater and Comm 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