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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Fidelity Investments Inc. ) File No.: EB-FIELDNER-13-00012111

   Licensee of Station WQAG275 )

   Boston, MA ) NOV No.: V201432260001

   )

   )

                              NOTICE OF VIOLATION

   Released: December 17, 2013

   By the District Director, Boston 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 Fidelity Investments Inc.,
       licensee of Private Land Mobile Radio Station WQAG275, in Boston,
       Massachusetts. 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 November 7, 2013, agents of the Enforcement Bureau's Boston Office
       inspected Private Land Mobile Station WQAG275 and observed the
       following violation:

   47 C.F.R. S 90.219 "Licensees authorized to operate radio systems in the
   frequency bands above 150 MHz may employ signal boosters at fixed
   locations in accordance with the following criteria: (a) The amplified
   signal is retransmitted only on the exact frequency(ies) of the
   originating base, fixed, or mobile, or portable station(s). . .(e)
   Certified equipment must be employed and the licensee must ensure that all
   applicable rule requirements are met." Fidelity Investments is authorized
   a MO (Mobile) station class on the frequency 466.975 MHz, but was
   operating a non-certified booster continuously on the frequency 468.375
   MHz.

    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, Fidelity Investments 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 Fidelity
       Investments Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an individual who has personal knowledge of the representations
       provided in Fidelity Investments Inc.'s response and who has the
       authority to verify the truth and accuracy of the information
       therein,^ and confirm that all of the information requested by this
       Notice which is in the possession, custody, control, or knowledge of
       Fidelity Investments Inc. 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

   Boston Office

   1 Batterymarch Park

   Quincy, MA 02169

    6. This Notice shall be sent to Fidelity Investments 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

   Dennis Loria

   District Director

   Boston District Office

   Northeast 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