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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   Brico Technologies, Inc. ) File No.: EB-FIELDNER-13-00011111

   Licensee of Station WPNS441   )

   Elmira, New York ) NOV No.: V201332400048

   )

   NOTICE OF VIOLATION

   Released: September 23, 2013

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Brico Technologies, Inc.
       (Brico), a radio servicing company and licensee of Private Land Mobile
       Radio Station WPNS441 in Elmira, New York. 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 noted
       herein.^

    2. On August 20, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected the radio transmitting equipment at Huckle's Towing &
       Recovery Service in Waverly, New York and observed the following
       violation:

   47 C.F.R. S 90.427(b): "Except for frequencies used in accordance with S
   90.417, no person shall program into a transmitter frequencies for which
   the licensee using the transmitter is not authorized." At the time of the
   inspection, the agents found that Brico had programmed radio transmitting
   equipment at Huckle's Towing & Recovery Service with the frequencies
   464.700 MHz, 469.700 MHz and 468.450 MHz for which Huckle's Towing &
   Recovery Service was not authorized. The Commission's records show that no
   license was issued for operation of radio transmitting equipment on these
   frequencies at this location in Waverly, New York.

    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 violation and any remedial actions taken.
       Therefore, Brico 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 Brico to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Brico with personal knowledge of the representations provided in
       Brico'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

   Philadelphia Office

   One Oxford Valley Building Office, Suite 404

   2300 E. Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Brico 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

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeastern 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