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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Friendly Five Corp DBA Lincoln Cab ) File No. EB-09-CF-0033
Licensee of Radio Station WPKM430 )
Lanham, MD ) NOV No. V200932340004
)
)
NOTICE OF VIOLATION
Released: March 25, 2009
By the Acting District Director, Columbia 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 Friendly Five Corp DBA Lincoln Cab,
licensee of private land mobile station WPKM430 in Lanham, Maryland.
2. On March 13, 2009, an agent of the Enforcement Bureau's Columbia
Office monitored station WPKM430 located at 7705 Annapolis Road,
Lanham, MD, and observed the following violations:
a. 47 C.F.R. S: 1.903(b): "The holding of an authorization does not
create any rights beyond the terms, conditions and period specified
in the authorization." Friendly Five Corp DBA Lincoln Cab is licensed
to operate a base station at a location identified as 7705 Annapolis
Road, Lanham, MD, with coordinates 38-57-30.4N, 076-51-58.9W. During
the inspection on March 13, 2009, the agent determined that the
transmitter is physically located at this address; however, the
approximate coordinates for this address are 38-57-08N 076-52-44W,
about .8 of a mile southwest of the licensed coordinates. The license
must be either modified to show the correct transmitter coordinates
for that physical location, or the transmitter must be moved to the
location specified on the license.
b. 47 C.F.R. S: 90.403(c): "Except for stations that have been granted
exclusive channels under this part and that are classified as
commercial mobile radio service providers pursuant to part 20 of this
chapter, each licensee must restrict all transmissions to the minimum
practical transmission time and must employ an efficient operating
procedure designed to maximize the utilization of the spectrum."
During monitoring by the agent, Friendly Five Corp DBA Lincoln Cab
Inc. continuously transmitted a data stream and steady carrier on
frequency 152.450 MHz, not allowing other licensees use of the
frequency.
c. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." During the inspection on March 13, 2009, the agent
observed that Friendly Five Corp DBA Lincoln Cab did not have the
equipment or capability to monitor for other users on frequency
152.450 MHz.
d. 47 C.F.R. S: 90.425(a): "Stations licensed under this part . . .
shall be identified by the transmission of the assigned call sign
during each transmission or exchange of transmissions, or once each
15 minutes . . . during periods of continuous operation." During the
monitoring by the agent from 10:00 A.M. until 12:00 P.M., Friendly
Five Corp DBA Lincoln Cab Inc did not transmit its assigned call
sign.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Friendly Five
Corp DBA Lincoln Cab 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 a principal or officer of Friendly Five Corp DBA Lincoln Cab
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
Columbia Field Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Friendly Five Corp DBA Lincoln Cab 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
Richard M. Caine
Acting District Director
Columbia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308.
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