Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Independent Taxi Owners Association ) File No. EB-10-LA-0010 ) Licensee of Radio Station WQKD673 ) NOV No. V201032900009 ) Los Angeles, CA NOTICE OF VIOLATION Released: March 5, 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 Independent Taxi Owners Association, licensee of radio station WQKD673, Los Angeles, California. 2. On, February 11, 2010, an agent from the Enforcement Bureau’s Los Angeles Office investigated a complaint of interference on the frequency of 461.925 MHz in the Los Angeles, California, area and observed the following violations: a. 47 C.F.R. § 90.403(e): “Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference.” At the time of the investigation, the station WQKD673 transmitter at 2050 Cyprian Drive, Los Angeles, was transmitting a digitally modulated continuous signal, on 461.925 MHz, a frequency shared with other licensees in the Los Angeles area. These transmissions were without breaks for several hours, creating the potential for interference and preventing the effective sharing of the frequency with other licensed users. b. 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.” At the time of the investigation, the 1 47 C.F.R. § 1.89. Federal Communications Commission 2 WQKD673 repeater signal was monitored for several hours and at no time was a call sign identification heard. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Independent Taxi Owners Association 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 Independent Taxi Owners Association. 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 Rd., Suite 660 Cerritos, CA 90703 4. This Notice shall be sent to Independent Taxi Owners Association, 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 Nader Haghighat District Director Los Angeles District Office Western Region Enforcement Bureau 2 47 U.S.C. § 308(b). 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.