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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
John G. Alford ) File No. EB-09-DT-0042
Licensee of Citizens Band Radio Service Station )
Dayton, OH ) NOV No. V200932360012
)
)
)
NOTICE OF VIOLATION
Released: September 8, 2009
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to John G. Alford, licensee of a
Citizens Band ("CB") Radio Service Station in Dayton, OH.
2. On July 21, 2009, agents of the Commission's Detroit Office inspected
and monitored your CB station located in Dayton, OH, and observed the
following violations:
47 C.F.R. S: 95.413(a)(3)-(6) (CB Rule 13): "What communications are
prohibited? (a) You must not use a CB station... (3) To interfere
intentionally with the communications of another CB station; (4) To
transmit one-way communications, except for emergency communications,
traveler assistance, brief tests (radio checks), or voice paging; or (6)
To transmit music, whistling, sound effects or any material to amuse and
entertain." At the time of inspection and monitoring, agents from this
office determined that you were retransmitting radio broadcast station
WFCJ, including its music programming, in violation of Sections
95.413(a)(3)-(6) of the Commission's Rules.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, John G. Alford,
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 you. 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
Detroit Office
24897 Hathaway St.
Farmington Hills, MI 48335-1552
4. This Notice shall be sent to John G. Alford 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.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit District Office
Northeast 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