**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Bedford Stuyvesant Restoration Corp. ) File No. EB-07-NY-304

Licensee of Radio Station WQBI221 )

Brooklyn, New York ) NOV No. V20073238045

)

NOTICE OF VIOLATION

Released: September 4, 2007

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 Rules[^1] to Bedford Stuyvesant Restoration
    Corp. ("BSRC") the licensee of land mobile radio station WQBI221 in
    Brooklyn, New York.

2.  On August 16, 2007, the New York Office received a complaint of
    radio interference to licensed communications on the frequency
    462.550 MHz. The complaint indicated that the source of the
    unauthorized radio transmissions on 462.550 MHz was a repeater
    station operated by BSRC at 1368 Fulton Street, Brooklyn, NY 11216.
    On August 20, 2007, an agent from the FCC New York Office conducted
    an inspection of BSRC's radio system located at 1368 Fulton Street
    and identified the following violation:

> 47 C.F.R. § 1.903(a): "Stations in the Wireless Radio Service 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 . . ." According to the license for radio station WQBI221, BSRC
> is authorized to operate only mobile radios, limited to 2 watts of
> power, on the frequency 468.2125 MHz. At the time of the inspection,
> the agent observed BSRC operating a repeater station on the frequency
> 462.550 MHz, and mobile units operating on the frequencies 467.550 MHz
> and 464.550 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, BSRC 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
>
> New York Office
>
> 201 Varick Street, Suite 1151
>
> New York, New York 10014

4.  This Notice shall be sent to Bedford Stuyvesant Restoration Corp. at
    its address of record.

5.  The Privacy Act of 1974[^3] 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 W. Noel

District Director

New York Office

Northeast Region

> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^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.*