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


 In  the  Matter  of  )  ) 
 NY  Mexicana  )  File  No.  EB-  05-  NY-  015  Licensee  of  Radio  Station  WQCI637  ) 
 Elmhurst,  NY  )  NOV  No.  V20053238019  ) 


 NOTICE  OF  VIOLATION 
 Released:  April  5,  2005 
 By  the  District  Director,  New  York  Office,  Northeast  Region,  Enforcement  Bureau: 
 1.  This  is  a  Notice  of  Violation  ("  Notice")  issued  pursuant  to  Section  1.89  of  the  Commission’s  Rules,  1  to  NY  Mexicana. 


 2.  On  March  29,  2005,  an  agent  of  the  Commission’s  New  York  Office  monitored  transmissions  from  radio  station,  WQCI637  on  the  frequency  159.525  MHz,  and  observed  the  following 
 violation: 
 47  C.  F.  R.  §  90.425(  a):  “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.”  NY  Mexicana  failed  to  identify  its  radio  station 
 once  each  15  minutes  by  the  transmission  of  the  call  sign,  WQCI637. 


 3.  Pursuant  to  Section  308(  b)  of  the  Communications  Act  of  1934,  as  amended,  2  and  Section  1.89  of  the  Commission's  Rules,  NY  Mexicana,  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  an  officer  of  NY  Mexicana  with  personal  knowledge  of  the  matter.  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: 


 1  47  C.  F.  R.  §  1.89. 
 2  47  U.  S.  C.  §  308(  b). 
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 Federal  Communications  Commission 
 2 
 Federal  Communications  Commission  New  York  Office 
 201  Varick  Street,  Suite  1151  New  York,  NY  10014 


 4.  This  Notice  shall  be  sent  to  NY  Mexicana  at  its  address  of  record. 
 5.  The  Privacy  Act  of  1974  3  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.  4 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Daniel  W.  Noel  District  Director 
 New  York  Office  Northeast  Region 
 Enforcement  Bureau 


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