Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Broward County Office of )
Environmental Services ) File No. EB-09-MA-0120
Licensee of Radio Stations: )
WQBD978, WQAW416 )
Pompano Beach, FL ) NOV No.  V200932600006
)
)
NOTICE OF VIOLATION
Released:  July 30, 2009
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the 
Commission’s Rules1 to Broward County Office of Environmental Services (“BCOES”), 
licensee of radio stations WQBD978 and WQAW416 in Pompano Beach, FL.
2. On July 23, 2009, agents of the Commission’s Miami Office of the Enforcement Bureau 
inspected a BCOES-owned telemetry system at a Broward County transmitter site located 
at 4301 SW 142nd Avenue, Davie, FL.  The inspection was conducted with a 
representative of Data Flow Systems, Inc., BCOES’ telemetry system radio service 
contractor.  The agents observed the following violation:
47 C.F.R. § 1.903(a):  “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.”  Furthermore, 47 C.F.R. § 
1.903(b) states: “The holding of an authorization does not create any rights 
beyond the terms, conditions and period specified in the authorization.”  The 
agents observed that the system was operating on the frequencies 217.175 
MHz, 217.825 MHz, 218.325 MHz, and 219.850 MHz.  At the time of 
inspection, BCOES was not authorized under any license to operate on these 
frequencies at the Davie transmitter site, nor was BCOES authorized under 
any license to operate on the frequency 219.850 MHz at any location.  
 
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and 
Section 1.89 of the Commission's Rules, BCOES must submit a written statement 
  
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
Federal Communications Commission
2
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 BCOES.  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
Miami Office
PO Box 520617
Miami, FL 33152-0617
4. This Notice shall be sent to BCOES 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
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
  
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.