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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 Rodriguez's license grant contained an outdated mailing

    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

   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

    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.


   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


                       Federal Communications Commission