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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