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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   South Florida Water Management District ) File No. EB-FIELDSCR-12-00000649

   Licensee of Radio Station WQBA527 )

   Davie, FL ) NOV No. V201232600003



                              NOTICE OF VIOLATION

   Released: February 17, 2012

   By the Resident Agent, Miami 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 South Florida Water Management District
       (SFWMD), licensee of Station WQBA527 in Davie, Florida.

    2. On February 3, 2012, in response to a complaint by the Federal
       Aviation Administration (FAA) of interference to Fort
       Lauderdale-Hollywood International Airport's (FLL) control tower
       frequency 128.4 MHz, agents from the Enforcement Bureau's Miami Office
       used mobile direction finding techniques to locate the source of the
       signal on 128.4 MHz to a malfunctioning transmitter owned by SFWMD at
       Westport Business Park, College Ave., Davie, Florida. SFWMD is
       licensed under WQBA527 to operate at this site. The agents observed
       the following violations:

     a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
        to avoid causing harmful interference." Agents determined that
        SFWMD's data transmission signal on 169.4375 MHz generated spurious
        emissions on 128.4 MHz, causing interference to FLL's control tower

     b. 47 C.F.R. S: 90.433(c): "The station licensee shall be responsible
        for the proper operation of the station at all times and is expected
        to provide observations, servicing and maintenance as often as may be
        necessary to ensure proper operation." Agents determined that the
        installed power amplifier at the transmitter site was malfunctioning
        and emanating spurious emissions on 128.4 MHz and 41.04 MHz, causing
        interference to FLL's control tower frequency on 128.4 MHz.

     c. 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." Furthermore, 47 C.F.R. S: 1.903(b) states: "The holding of an
        authorization does not create any rights beyond the terms, conditions
        and period specified in the authorization." The agents determined
        that SFWMD's system in Davie was operating on the frequencies
        169.4375 MHz, 169.425 MHz and 169.4875 MHz. SFWMD was not authorized
        to operate on these frequencies at the Davie transmitter site.

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

   Miami Office

   PO Box 520617

   Miami, FL 33152-0617

    4. This Notice shall be sent to SFWMD 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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   47 C.F.R. S: 1.89.

   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