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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mobile Radio Service Inc. ) File No. EB-09-PA-0173
Licensee of Radio Station WPMW962 )
Pittsburgh, Pennsylvania ) NOV No. V200932400024
)
)
NOTICE OF VIOLATION
Released: September 11, 2009
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 to Mobile Radio Service Inc. ("Mobile
Radio"), the operator of a radio servicing company and the licensee of
Land Mobile Radio Service Station WPMW962 in Pittsburgh, Pennsylvania.
2. On August 25, 2009, an agent of the Enforcement Bureau's Philadelphia
Office, responding to a complaint of unauthorized transmissions on the
frequency 45.36 MHz inspected the mobile radio station located at the
Borough of West Mifflin, Public Works Department, in Pittsburgh,
Pennsylvania. The Borough of West Mifflin reported that Mobile Radio
Service Inc. programmed the radios. The agent contacted Mobile Radio
and found 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." Mobile Radio
Service confirmed that it had programmed the frequency 45.36 MHz into the
radios being used by the Borough of West Mifflin, Public Works Department
without determining whether the authorization for WPRX383 included 45.36
MHz as one of its authorized frequencies.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Mobile Radio
Service Inc. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Mobile Radio Service Inc. at its address
of record.
5. 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. 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. Code.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission