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Bearcom, Dallas, TX

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Released: February 25, 2010

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
File No. EB-09-LA-0161
Licensee of Radio Station WPOE595
Dallas, Texas
NOV No. V201032900008


Released: February 25, 2010
By the District Director, Los Angeles Office, Western Region, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the
Commission’s Rules,1 to Bearcom, the operator of a radio servicing company and the licensee of various
radio stations.2
On November 1, 2009, an investigation by the Enforcement Bureau’s Los Angeles
Office, revealed that Bearcom’s Las Vegas, Nevada, store programmed transmitters with frequency
151.955 MHz for use by Wal-Mart Supercenter Store #3351, located at 6464 N. Decatur Boulevard, Las
Vegas, Nevada. The investigation also revealed that Wal-Mart Supercenter Store #3351 had no
authorization to operate on 151.955 MHz, although other Wal-Mart stores in the Las Vegas, Nevada, area
had authority to operate on other frequencies. 3 The Los Angeles Office determined the following
violation occurred:
47 C.F.R. § 90.427(b): “Except for frequencies used in accordance with §
90.417, no person shall program into a transmitter frequencies for which the
licensee using the transmitter is not authorized.” Investigation by the Los
Angeles Office revealed that Bearcom installed a radio system for Wal-Mart
Supercenter Store #3351and programmed a frequency into the system that
was not authorized by any license held by Wal-Mart for that location.

1 47 C.F.R. § 1.89.
2 Among others, Bearcom is the licensee of station WPOE595.
3 See Wal-Mart Supercenter Store #3351, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
201032900001 (Enf. Bur., Western Region, Los Angeles Office, released December 22, 2009).

Federal Communications Commission

Pursuant to Section 308(b) of the Communications Act of 1934, as amended,4 and
Section 1.89 of the Commission's Rules, Bearcom must submit a written statement concerning this matter
within twenty (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 a principal or officer of the licensee. 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 Road, Suite 660
Cerritos, CA 90703
This Notice shall be sent to Bearcom at its address of record.
The Privacy Act of 19745 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.
Nader Haghighat
District Director
Los Angeles District Office
Western Region
Enforcement Bureau

4 47 U.S.C. § 308(b).
5 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
6 18 U.S.C. § 1001 et seq.

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