Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Bearcom ) File No. EB-09-LA-0161 Licensee of Radio Station WPOE595 ) Dallas, Texas ) ) ) NOV No. V201032900008 ) NOTICE OF VIOLATION Released: February 25, 2010 By the District Director, Los Angeles 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 Bearcom, the operator of a radio servicing company and the licensee of various radio stations.2 2. On November 1, 2009, an investigation by the Enforcement Bureau’s Los Angeles Office, revealed that Bearcom’s Las Vegas, Nevada, store programmed transmitters with frequency 151.955 MHz for use by Wal-Mart Supercenter Store #3351, located at 6464 N. Decatur Boulevard, Las Vegas, Nevada. The investigation also revealed that Wal-Mart Supercenter Store #3351 had no authorization to operate on 151.955 MHz, although other Wal-Mart stores in the Las Vegas, Nevada, area had authority to operate on other frequencies. 3 The Los Angeles Office determined the following violation occurred: a. 47 C.F.R. § 90.427(b): “Except for frequencies used in accordance with § 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.” Investigation by the Los Angeles Office revealed that Bearcom installed a radio system for Wal-Mart Supercenter Store #3351and programmed a frequency into the system that was not authorized by any license held by Wal-Mart for that location. 1 47 C.F.R. § 1.89. 2 Among others, Bearcom is the licensee of station WPOE595. 3 See Wal-Mart Supercenter Store #3351, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032900001 (Enf. Bur., Western Region, Los Angeles Office, released December 22, 2009). Federal Communications Commission 2 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,4 and Section 1.89 of the Commission's Rules, Bearcom 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 Los Angeles Office 18000 Studebaker Road, Suite 660 Cerritos, CA 90703 4. This Notice shall be sent to Bearcom at its address of record. 5. The Privacy Act of 19745 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.6 FEDERAL COMMUNICATIONS COMMISSION Nader Haghighat District Director Los Angeles District Office Western Region Enforcement Bureau 4 47 U.S.C. § 308(b). 5 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 6 18 U.S.C. § 1001 et seq.