Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Joe L. Ford ) File No. EB-09-CG-0072 Licensee of Radio Station WPZQ395 ) Greenville, Kentucky ) NOV No. V200932320007 ) NOTICE OF VIOLATION Released: July 22, 2009 By the District Director, Chicago 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 Joe L. Ford, licensee of land mobile radio station WPZQ395, in Greenville, Kentucky. 2. On June 24, 2009, in response to a complaint, an agent of the Commission’s Chicago Office inspected radio station WPZQ395 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 this station authorizes a Private Carrier (FB6) class of station on the frequencies of 153.320 MHz and 153.335 MHz. During the investigation, the licensee was found to also be operating a Mobile Relay (FB2) station on the unauthorized frequency of 155.685 MHz. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Joe L. Ford, 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 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: 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 Federal Communications Commission Chicago Office 1550 North Northwest Highway, Suite 306 Park Ridge, Illinois 60068 4. This Notice shall be sent to Joe L. Ford at his 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 James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.