Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) County of San Joaquin ) File No. EB-08-SF-0289 Licensee of Radio Station WQGT278 ) Stockton, California ) NOV No. V200932960005 ) ) NOTICE OF VIOLATION Released: January 16, 2009 By the District Director, San Francisco Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to County of San Joaquin, licensee of station WQGT278, in Stockton, California. 2. On September 3, 2008, agents of the Enforcement Bureau’s San Francisco Office monitored radio station WQGT278 located at Stockton, California, and observed the following violation: a. 47 C.F.R. § 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On September 3, 2008, between 3:00 p.m. and 4:00 p.m., the County of San Joaquin transmitted call sign WQFN722 which is no longer valid and expired on March 27, 2007. The correct call sign is WQGT278. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, County of San Joaquin, must submit a written statement concerning this matter within 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 official of the County of San Joaquin. All replies and documentation sent in 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 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 San Francisco Office 5653 Stoneridge Dr., Suite 105 Pleasanton, CA 94588-8543 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to the County of San Joaquin at its address of record. 5. The Privacy Act of 19743 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 Thomas N. VanStavern District Director San Francisco District Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.