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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Teodoro Rodriguez ) File No. EB-FIELDSCR-12-00003218
Call Sign KF4KXA )
) NOV No. V201232700013
Lehigh Acres, FL 33319 )
)
NOTICE OF VIOLATION
Released: August 9, 2012
By the Tampa District Office, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules, to Teodoro Rodriguez, licensee of amateur
radio station, call sign KF4KXA, in Lehigh Acres, Florida..
2. On July 11, 2012, agents of the Enforcement Bureau's Tampa Office
inspected Station KF4KXA located in Lehigh Acres, Florida and observed
the following violations:
a. 47 C.F.R. S: 97.23: "Each license grant must show the grantee's correct
name and mailing address. The mailing address must be in an area where the
amateur service is regulated by the FCC and where the grantee can receive
mail delivery by the United States Postal Service...". At the time of
inspection, Mr. Rodriguez's license grant contained an outdated mailing
address.
b. 47 C.F.R. S: 97.301: "The following transmitting frequency bands are
available to an amateur station located within 50 km of the Earth's
surface, within the specified ITU Region, and outside any area where
the amateur service is regulated by any authority other than the FCC".
(a) "For a station having a control operator who has been granted a
Technician, Technician Plus, General, Advanced, or Amateur Extra Class
operator license, who holds a CEPT radio amateur license, or who holds any
class of IARP." Moments prior to the inspection, Mr. Rodriguez, who has an
amateur technician license, was observed operating on 26.7 MHz, a
frequency not listed in the authorized frequency bands.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, Mr. Rodriguez 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 Mr. Rodriguez. 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
Tampa Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607
4. This Notice shall be sent to by Certified Mail, Return Receipt
Requested, and regular mail to Mr. Teodoro Rodriguez at his 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.
FEDERAL COMMUNICATIONS COMMISSION
Ralph Barlow
District Director
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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