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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
McIntosh, Communications ) File No. EB-10-LA-0148
Licensee of Radio Station WPPF631 )
) NOV No. V201132900004
Las Vegas, Nevada )
)
NOTICE OF VIOLATION
Released: November 1, 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 McIntosh, Communications
("McIntosh"), licensee of radio station WPPF631 in Las Vegas, Nevada.
2. On June 22, 2010, an agent of the Enforcement Bureau's Los Angeles
Office monitored McIntosh's transmissions on 461.9375 MHz emanating
from the Planet Hollywood Resort & Casino in Las Vegas, Nevada, and
observed the following violation:
a. 47 C.F.R. S: 90.425(a): "[E]ach 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..." The frequency was
monitored continuously for over 20 minutes. Numerous transmissions
were detected, yet no call sign or International Morse Code was
detected.
3. On June 23, 2010, an agent of the Enforcement Bureau's Los Angeles
Office inspected McIntosh's station at 3667 Las Vegas Blvd. South
(Planet Hollywood Resort & Casino) in Las Vegas, Nevada, and 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..." The authorization lists the transmitter's location at 4455
Paradise Road, however, the transmitter's current location is at 3667
Las Vegas Blvd. South (Planet Hollywood Resort & Casino) in Las
Vegas, Nevada. Additionally, the station's authorization lists an
antenna height of 8 meters. The actual height was approximately 21
meters.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, McIntosh must
submit a written statement concerning this matter within 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
McIntosh. 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 District Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
5. This Notice shall be sent to McIntosh, Communications, at its address
of record.
6. 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.
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