Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ecuadoor Car Service Corp. ) File No. EB-09-NY-0178 Licensee of Radio Station WQJY653 ) Astoria, New York ) NOV No. V200932380039 ) NOTICE OF VIOLATION Released: July 15, 2009 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 Rules1 to Ecuadoor Car Service Corp. (“Ecuadoor”), licensee of land mobile radio station WQJY653, Astoria, New York. 2. On April 13, 2009, in response to a complaint, an agent of the Commission’s New York Office inspected station WQJY653 and observed the following violation: 47 C.F.R. § 1.903(a): “General rule. Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part, except as specified in paragraph (b) of this section.” The license for station WQJY653 authorizes only 80 watts of transmitter output power and an effective radiated power of 250 watts. When inspected, the base station was found to be transmitting with a transmitter output power of 125 watts and an effective radiated power of 290 watts. 3. On June 17, 2009, an agent of the Commission’s New York Office monitored station WQJY653 and observed the following violation: 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 June 17, 2009, between 10:00 a.m. and 12:00 p.m., Ecuadoor did not transmit its 147 C.F.R. § 1.89. Federal Communications Commission 2 call sign identification for station WQJY653 on the frequency 159.57 MHz. 4. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Ecuadoor 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 New York Office 201 Varick St, Suite 1151 New York, New York 10014 5. This Notice shall be sent to Ecuadoor Car Service Corp. at its address of record. 6. 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 Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 247 U.S.C. § 308(b). 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.