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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-10-SD-0009

   Communications USA, Inc.    )

   ) Citation No.: C201032940002

   Escondido, California  )


   Released: March  3, 2010

   By the District Director, San Diego Office, Western  Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Communications
       USA, Inc.  ("CommUSA")  for violation of Section 90.427(b) of the
       Commission's Rules ("Rules").

    2. An investigation by the Enforcement Bureau's San Diego  Office
       revealed that CommUSA  had programmed radio transmitting equipment
       with the frequency 455.500 MHz for which the La Mesa - Spring Valley
       School District in La Mesa, California  was not authorized under
       either of their station licenses, WQIM291 and WNHS767. 

    3. Section 90.427(b) of the  Rules states "[e]xcept 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." By programming portable radio transmitters with a
       frequency  for which the La Mesa - Spring Valley School District  is
       not authorized, CommUSA  violated Section 90.427(b) of the Rules.

    4. Violations of the Act or the Commission's Rules may subject the
       violator to substantial monetary forfeitures, seizure of equipment
       through in rem forfeiture action, and criminal sanctions, including

    5. CommUSA  may request an interview at the closest FCC Office, which is
       Federal Communications Commission, 4542 Ruffner Street, Suite 370, San
       Diego, California 92111. You may contact this office by telephone,
       (XXX)  XXXX-XXXXto schedule this interview, which must take place
       within 14 days of this Citation. CommUSA  may also submit a written
       statement to the above address within 14 days of the date of this
       Citation. Any written statements should specify what actions have been
       taken to correct the violation outlined above. Please reference file
       number EB-10-SD-0009  when corresponding with the Commission.

    6. Any statement or information provided by you may be used by the
       Commission to determine if further enforcement action is required. Any
       knowingly or willfully false statement made in reply to this Citation
       is punishable by fine or imprisonment.

    7. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to
       Communications USA, Inc.  at its record of address.


   William R. Zears Jr.

   District Director

   San Diego District Office

   Western  Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. 90.427(b).

   Station WQIM291 is authorized a pair of VHF frequencies in the
   Conventional Industrial/Business Pool. Station WNHS767 is authorized a
   pair of 800 MHz frequencies in the Conventional Public Safety/Special
   Emergency 801-821/851-866 Pool.

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S: 503(b)(5).

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission