Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ) File No. EB-09-DT-0350 Jeffery A. Marshall ) Licensee of Citizens Band Radio Service Station ) NOV No. V201032360005 Monroe, Ohio ) ) ) NOTICE OF VIOLATION Released: March 23, 2010 By the District Director, Detroit 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 Jeffery A. Marshall, licensee of a Citizens Band (“CB”) Radio Service station in Monroe, Ohio. 2. On February 24, 2010, an agent of the Commission’s Detroit Office monitored and inspected the CB station operated by Jeffery A. Marshall in Monroe, Ohio, and observed the following violation: 47 C.F.R. § 95.413: “(CB Rule 13) What communications are prohibited? (a) You must not use a CB station… (5) To advertise or solicit the sale of any goods or services....” During the monitoring of CB Channel 19, agents heard the CB station being used to advertise CB repair services, truck washes, and tires for sale. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Jeffery A. Marshall, 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 actions taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective actions. The response must be complete in itself and signed by Jeffery A. Marshall. 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 Detroit Office 24897 Hathaway Street Farmington Hills, MI 48335 1 47 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 4. This Notice shall be sent to Jeffery A. Marshall 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 Bridgewater District Director Detroit District Office Northeast Region Enforcement Bureau Cc: 1112 S. May Avenue, Muncie, IN 47302 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.