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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Poquoson, City of	)          File No.:  EB-FIELDSCR-14-00014183
	)
Licensee of Station WQCR407	)          NOV No.:  V201432640009
	)
Poquoson, Virginia	)          

			



NOTICE OF VIOLATION

	Released:  May 7, 2014

By the Resident Agent, Norfolk Office, South Central Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Poquoson, City of, licensee of radio station WQCR407 in Poquoson, Virginia.  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.

* On April 30, 2014, an agent of the Enforcement Bureau's Norfolk Office inspected radio station WQCR407 located 500 ft of intersecting roads Cedar and Little Fl, Poquoson, Virginia and observed the following violation(s):

  + 47 C.F.R. § 1.903(a):  "Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part, except as specified in paragraph (b) of this section."  At the time of the inspection the station licensed to operate a repeater class station (FB2), located at the coordinates 37˚ 07' 44.0" North Latitude and 076˚ 22' 36.0" West Longitude was observed transmitting on 465.075 MHz.  This is the incorrect transmit frequency of the repeater pair authorized by this license.  The authorized transmit frequency is 460.075 MHz.

  + 47 C.F.R. § 90.425(a):  "Station identification (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."  During several weeks of monitoring, no identification of the station by its assigned call sign was observed by the agent.

* 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, Poquoson, City of 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.  

* In accordance with Section 1.16 of the Rules, we direct Poquoson, City of to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Poquoson, City of with personal knowledge of the representations provided in Poquoson, City of'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.  

* 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
Norfolk Office 
1457 Mount Pleasant Road, Suite 113
Chesapeake, VA  23322

* This Notice shall be sent to Poquoson, City of at its address of record.  

* 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




Greg Coons
Resident Agent
Norfolk Office 
South Central Region
Enforcement Bureau