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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Leslie Wayne White, Jr. ) File No. EB-09-DV-0051

   Licensee of Citizens Band Radio Service Station )

   Rapid City, South Dakota ) NOV No. V200932800008





                              NOTICE OF VIOLATION

   Released: August  31, 2009

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Leslie Wayne White, Jr. ("White"),
       licensee of a Citizens Band ("CB") Radio Service station in Rapid
       City, South Dakota.

    2. On June 11, 2009, an agent of the Enforcement Bureau's  Denver Office
       monitored  communications from and inspected  White's  CB radio
       station located within a vehicle at the Motel 6 parking lot near Exit
       59 of Interstate 90, in Rapid City, South Dakota, and found  the
       following violations:

   a. 47 C.F.R. S: 95.409(a) (CB Rule 9): "What equipment may I use at my CB
   station? (a) You must use an FCC certificated CB transmitter at your CB
   station. You can identify an FCC certificated transmitter by the
   certification label placed on it by the manufacturer. You may examine a
   list of certificated equipment at any FCC Field Office or at FCC
   Headquarters. Use of a transmitter which is not FCC certificated voids
   your authority to operate the station." At the time of the inspection, an
   agent from this office determined that White was using a modified amateur
   10 meter transmitter, specifically a Model Connex 4300HP export radio, on
   CB channel 19.

   b. 47 C.F.R. S: 95.413 (CB Rule 13): "What communications are prohibited?
   (a) You must not use a CB station... (5) To advertise or solicit the sale
   of any goods or services..." At the time of the inspection, an agent from
   this office determined that White was using a CB station to advertise
   services and merchandise for sale on CB channel 19.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, White 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  Leslie Wayne White, Jr. 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

   Denver  District Office

   215 S. Wadsworth Blvd, Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Leslie Wayne White, Jr., at his 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.


   Nikki P. Shears

   District Director

   Denver 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.