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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Industrial Tower and Wireless, LLC ) File No. EB-09-MA-0081
Licensee of Radio Station WQIV385 )
Miami, FL ) NOV No. V200932600001
)
)
NOTICE OF VIOLATION
Released: May 15, 2009
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Industrial Tower and Wireless, LLC
("Industrial") licensee of radio station WQIV385, in Miami, FL.
2. On May 4, 2009, based on a Commission licensee's complaint of radio
interference, an agent of the Commission's Miami Office monitored
radio station WQIV385 located in Miami, FL, on frequency 463.6875 MHz,
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." Furthermore, 47 C.F.R. S: 1.903(b) states: "The holding of an
authorization does not create any rights beyond the terms, conditions
and period specified in the authorization." Industrial is authorized
under its license, WQIV385, to operate a five frequency pair "trunked
radio system" as defined in S: 90.7, with the emission designator
"F3E." According to S: 90.207, the second symbol "3" indicates analog
modulation and the third symbol "E" indicates voice. On May 4, 2009,
an agent monitored station WQIV385 and observed digitally modulated
transmissions only on single frequency, 463.6875 MHz. An Industrial
employee stated that the station is operating as a standard UHF
repeater system using only a single frequency pair, not as a trunked
system, and that the transmissions are digitally modulated voice.
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 May 4, 2009, between 1:30 p.m. and 3:15 p.m., an
agent observed that Industrial did not transmit its call sign
identification WQIV385 on the frequency 463.6875 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Industrial 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
Industrial. 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
Miami Office
PO Box 520617
Miami, FL 33152-0617
4. This Notice shall be sent to Industrial 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
Steven DeSena
Resident Agent
Miami Office
South Central 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