Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Los Andes Limo, Inc ) File No. EB-10-NY-0392 Licensee of Radio Station WQLV453 ) Astoria, New York ) NOV No. V201132380001 ) ) NOTICE OF VIOLATION Released: October 7, 2010 By the District Director, New York 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 Los Andes Limo, Inc. (Los Andes), the licensee of radio station WQLV453 in Astoria, New York. 2. On September 19, 2010, in response to a complaint from another private land mobile licensee, an agent of the Commission’s New York Office inspected station WQLV453 at 20-11 Steinway Street, Astoria, New York, and observed the following violations: 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, except as specified in paragraph (b) of this section.” (1) The license for station WQLV453 only authorizes 110 watts transmitter output power and 350 watts effective radiated power. At the time of the inspection, the transmitter output power was measured at 160 watts resulting in an effective radiated power of 505 watts; and (2) The license for WQLV453 authorizes the operation of a base station on the frequency 159.5775 MHz from 20-11 Steinway Street, Astoria, New York. At the time of the inspection, agents found that Los Andes was operating its base station at 20-11 Steinway Street on the frequency 151.4975 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, Los Andes Limo, Inc. 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 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 308(b). Federal Communications Commission 2 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 New York Office 201 Varick Street, Suite 1151 New York, New York 10014 4. This Notice shall be sent to Los Andes Limo, Inc. 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 Daniel Noel District Director New York Office Northeast Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.