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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Yellow Cab Operators Association, Inc. ) File No. EB-09-MA-0170
Licensee of Radio Station KOL845 )
Miami, FL ) NOV No. V201032600002
)
)
NOTICE OF VIOLATION
Released: November 4, 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 Yellow Cab Operators Association,
Inc. ("Yellow Cab"), licensee of radio station KOL845, in Miami, FL.
2. On October 14, 2009, based on a Commission licensee's complaint of
radio interference, agents of the Commission's Miami Office monitored
simultaneous, identical transmissions on frequencies 451.350 MHz,
452.100 MHz, and 452.450 MHz, from radio station KOL845, and
subsequently conducted an inspection of the station. The agents
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." Yellow Cab is authorized
under its license, KOL845, to operate its three base stations from
3620 NW 22nd Avenue, Miami FL, at coordinates 25DEG 48' 34.4" N
latitude and 080DEG 13' 56.2" W longitude. The agents observed that
Yellow Cab was transmitting on all three frequencies from an
unauthorized location at 3109/3111 NW 27th Avenue, Miami, FL, at
coordinates 25DEG 48' 18" N latitude and 080DEG 14' 22" W longitude,
which is approximately 0.55 miles from the authorized location.
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 October 14, 2009, between 11:30 a.m. and 1:00 p.m.,
agents observed that Yellow Cab did not transmit its call sign
identification KOL845 on the frequencies 451.350 MHz, 452.100 MHz,
and 452.450 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Yellow Cab 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
Yellow Cab. 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 Yellow Cab 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