******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Broward County Office of )

   Environmental Services ) File No. EB-09-MA-0120

   Licensee of Radio Stations: )

   WQBD978, WQAW416 )

   Pompano Beach, FL ) NOV No. V200932600006

   )

   )

                              NOTICE OF VIOLATION

   Released: July 30, 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 Broward County Office of
       Environmental Services ("BCOES"), licensee of radio stations WQBD978
       and WQAW416 in Pompano Beach, FL.

    2. On July 23, 2009, agents of the Commission's Miami Office of the
       Enforcement Bureau inspected a BCOES-owned telemetry system at a
       Broward County transmitter site located at 4301 SW 142nd Avenue,
       Davie, FL. The inspection was conducted with a representative of Data
       Flow Systems, Inc., BCOES' telemetry system radio service contractor.
       The agents observed the following violation:

   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." The agents observed that the
   system was operating on the frequencies 217.175 MHz, 217.825 MHz, 218.325
   MHz, and 219.850 MHz. At the time of inspection, BCOES was not authorized
   under any license to operate on these frequencies at the Davie transmitter
   site, nor was BCOES authorized under any license to operate on the
   frequency 219.850 MHz at any location.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, BCOES 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
       BCOES. 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 BCOES 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