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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-NY-0213
USA1 Communications Corp. )
Bronx, New York ) Citation No.: C200932380001
)
CITATION
Released: June 30, 2009
By the District Director, New York District Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to USA1
Communications Corp. ("USA1"), for violation of Section 90.427(b) of
the Commission's Rules.
2. An investigation by the Enforcement Bureau's New York District Office
on June 22, 2009, indicated that USA1 had programmed transmitters with
frequencies for which Paisa 2 Car and Limousine Service, Inc.
("Paisa"), the licensee of private land mobile station WQEQ855, was
not authorized.
3. Section 90.427(b) states "[e]xcept for frequencies used in accordance
with
S: 90.417, no person shall program into a transmitter frequencies for
which the licensee using the transmitter is not authorized." By
programming radios with frequencies for which Paisa was not
authorized, USA1 violated this section.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. USA1 may request an interview at the closest FCC Office, which is
Federal Communications Commission, New York Office, 201 Varick Street,
Suite 1151, New York, NY 10014. You may contact this office by
telephone, (XXX) XXXX-XXXXto schedule this interview, which must take
place within 14 days of this Citation. USA1 may also submit a written
statement to the above address within 14 days of the date of this
Citation. Any written statements should specify what actions have been
taken to correct the violation outlined above. Please reference file
number EB-09-NY-0213 when corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to USA1
Communications Corp., Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 90.427(b).
47 C.F.R. S: 90.427(b).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission