Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   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