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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
United Independent Taxi Drivers Inc. ) File No.:
EB-FIELDWR-13-00009587
Licensee of Station KIL251 )
)
Los Angeles, California ) NOV No.: V201332900031
)
)
)
)
NOTICE OF VIOLATION
Released: JULY 2, 2013
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 (Rules),^ to United Independent Taxi
Drivers Inc., licensee of radio station KIL251 in Los Angeles,
California. Pursuant to Section 1.89(a) of the Rules, issuance of
this Notice does not preclude the Enforcement Bureau from further
action if warranted, including issuing a Notice of Apparent Liability
for Forfeiture for the violation(s) noted herein.^
2. On June 5, 2013, an agent of the Enforcement Bureau's Los Angeles
Office monitored radio station KIL251 located at 2050 Cyprean Drive,
Los Angeles, California and observed the following violation(s):
a. 47 C.F.R. S 90.403(c): "Except for stations that have been granted
exclusive channels under this part and that are classified as
commercial mobile radio service providers pursuant to Part 20 of this
chapter, each licensee must restrict all transmissions to the minimum
practical transmission time and must employ an efficient operating
procedure designed to maximize the utilization of the spectrum." At
the time of the investigation, the agent observed that KIL251 was
transmitting on 452.50 MHz nearly continuously.
b. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." At the time
of the investigation, the agent monitored KIL251 and observed a digitally
modulated continuous signal on 452.50 MHz, a frequency shared with other
licensees in the Los Angeles area. The agent observed no evidence of
monitoring the transmitting frequency for communications in process or
other measures to avoid interference by KIL251.
c. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
transmit identification in accordance with the following provisions:
(a) Identification procedure. Except as provided for in paragraphs
(d) and (e) of this section, each 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 in accordance with paragraph
(b) of this section. If the station is employing either analog or
digital voice scrambling, or non-voice emission, transmission of the
required identification shall be in the unscrambled mode using A3E,
F3E or G3E emission, or International Morse, with all encoding
disabled." At the time of the monitoring, no identification of the
station was observed.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, United Independent Taxi Drivers Inc. must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.^
4. In accordance with Section 1.16 of the Rules, we direct United
Independent Taxi Drivers Inc. to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of United Independent Taxi Drivers Inc,
with personal knowledge of the representations provided in United
Independent Taxi Drivers Inc's response, verifying the truth and
accuracy of the information therein,^ and confirming that all of the
information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.^
5. 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 Office
18000 Studebaker Rd., #660
Cerritos, CA 90703
6. This Notice shall be sent to United Independent Taxi Drivers Inc. at
its address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Charles A. Cooper
District Director
Los Angeles Office
Western Region Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 308(b).
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission