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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Drexel Heights Fire District )

   ) File No. EB-09-SD-0015

   Licensee of Radio Station WRY440 )

   )

   Tucson, Arizona )

   )

   ) NOV No.:  V200932940001

   )

                              NOTICE OF VIOLATION

   Released: April 16, 2009

   By the District Director, San Diego 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 Drexel Heights Fire District,
       licensee of Public Safety radio service station WRY440 in Tucson,
       Arizona.

    2. On March 25, 2009, agents of the Enforcement Bureau's San Diego
       Office, responding to an interference complaint, monitored radio
       station WRY440 located at 6950 S Beehive Ave., Tucson, Arizona, and
       observed the following violation:

     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..." At the time of the
        investigation, the transmitter authorized under Public Safety radio
        service station WRY440 was found to be operating on frequency 154.355
        MHz, which is not authorized under WRY440 or any other authorization
        issued to Drexel Heights Fire District.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Drexel Heights Fire
       District, 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 the Drexel Heights Fire District. All replies
       and documentation sent in response to this Notice should be marked
       with the File No. and NOV No. specified atop this notice, and mailed
       to the following address:

   Federal Communications Commission

   San Diego Office

   4542 Ruffner St., Suite 370

   San Diego, CA 92111

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Drexel Heights Fire District 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

   William R. Zears Jr.

   District Director

   San Diego 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