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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   City of Mesquite ) File No. EB-10-DL-0035

   Licensee of Radio Station WPWH310 )

   ) NOV No. V201032500004

   Mesquite, Texas )



                              NOTICE OF VIOLATION

   Released: May 27, 2010

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to City of Mesquite, licensee of radio
       station WPWH310 in Mesquite, Texas.

    2. On May 5, 2010, an agent of the Commission's Dallas Office monitored
       radio station WPWH310 located at Mesquite Metro Airport Mesquite,
       Texas, and observed the following violation(s):

   47 C.F.R. S: 90.210(d): "Emission Mask D-12.5 kHz channel bandwidth
   equipment. For transmitters designed to operate with a 12.5 kHz channel
   bandwidth, any emission must be attenuated below the power (P) of the
   highest emission contained within the authorized bandwidth as follows: ...
   (2) On any frequency removed from the center of the authorized bandwidth
   by a displacement frequency (fd in kHz) of more than 5.625 kHz but no more
   than 12.5 kHz: At least 7.27(fd-2.88 kHz) dB. (3) On any frequency removed
   from the center of the authorized bandwidth by a displacement frequency
   (fd in kHz) of more than 12.5 kHz: At least 50 + 10log (P) dB or 70 dB,
   whichever is the lesser attenuation." Station WPWH310 exceeded the
   emission mask between the frequencies 453.0694 MHz to 453.0818 MHz and
   453.0949 MHz to 453.1033 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, City of Mesquite,
       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 City of Mesquite. 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

   Dallas Office

   9330 LBJ Freeway, #1170

   Dallas, Texas 75243

    4. This Notice shall be sent to City of Mesquite  at its address of

    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.


   James D. wells

   District Director

   Dallas District 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


                       Federal Communications Commission