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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

    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.


   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


                       Federal Communications Commission