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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