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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bombardier Transportation ) File No. EB-09-PA-0061
Licensee of Radio Station WPDE245 )
Pittsburgh, Pennsylvania ) NOV No. V200932400025
)
)
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 Bombardier Transportation, the
licensee of Land Mobile Radio Service Station WPDE245 in Pittsburgh,
Pennsylvania.
2. On August 24 and 25, 2009, an agent of the Commission's Philadelphia
Office inspected radio station WPDE245 located in Pittsburgh,
Pennsylvania and observed the following violations:
a. 47 C.F.R. S: 90.137(b): "When any unit or units of a base station or
fixed station which are authorized for operation at temporary
locations actually remain or are intended to remain at the same
location for more than 1 year, an application for a separate
authorization specifying the fixed location shall be made as soon as
possible, but not later than 30 days after the expiration of the
1-year period." The license for station WPDE245 authorizes nationwide
operation of radio transmitting equipment on the frequencies 464.500
MHz (FB2I) and 469.500 MHz (MOI) on a temporary basis. Although
Bombardier Transportation has operated the radio transmitting
equipment at 1501 Lebanon Church Road, Pittsburgh, Pennsylvania for
more than one year, it failed to make a separate application
specifying the fixed location.
b. 47 C.F.R. S: 90.425(a): "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...." On August 24, 2009 between 6:30 p.m. and 7:30 p.m.,
Bombardier Transportation did not transmit its call sign
identification for station WPDE245 on the frequency 464.500 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Bombardier
Transportation 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 Bombardier Transportation 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