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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bearcom ) File No. EB-09-LA-0161
Licensee of Radio Station WPOE595 )
Dallas, Texas )
)
) NOV No. V201032900008
)
NOTICE OF VIOLATION
Released: February 25, 2010
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Bearcom, the operator of a radio
servicing company and the licensee of various radio stations.
2. On November 1, 2009, an investigation by the Enforcement Bureau's Los
Angeles Office, revealed that Bearcom's Las Vegas, Nevada, store
programmed transmitters with frequency 151.955 MHz for use by Wal-Mart
Supercenter Store #3351, located at 6464 N. Decatur Boulevard, Las
Vegas, Nevada. The investigation also revealed that Wal-Mart
Supercenter Store #3351 had no authorization to operate on 151.955
MHz, although other Wal-Mart stores in the Las Vegas, Nevada, area had
authority to operate on other frequencies. The Los Angeles Office
determined the following violation occurred:
a. 47 C.F.R. S: 90.427(b): "Except 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." Investigation by the Los Angeles Office revealed that
Bearcom installed a radio system for Wal-Mart Supercenter Store
#3351and programmed a frequency into the system that was not
authorized by any license held by Wal-Mart for that location.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Bearcom 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 the
licensee. 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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to Bearcom 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
Nader Haghighat
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
Among others, Bearcom is the licensee of station WPOE595.
See Wal-Mart Supercenter Store #3351, Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 201032900001 (Enf. Bur., Western Region, Los
Angeles Office, released December 22, 2009).
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