**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

ORC Repeater and Comm Inc. ) File No. EB-08-NY-0418

Licensee of Radio Station WQDL718 )

Bronx, New York ) NOV No. V200932380014

NOTICE OF VIOLATION

Released: December 19, 2008

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 ORC Repeater and Comm Inc.
    ("ORC"), licensee of private land mobile radio station WQDL718,
    Bronx, New York.

2.  On December 12, 2008, in response to a complaint of interference, an
    agent of the Commission's New York Office inspected radio station
    WQDL718, and observed the following violations:

> a\. 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\...\" According to the station license, ORC is authorized to
> operate a 6.1 meter Control Station on the frequency 469.775 MHz. at
> 1787 Amsterdam Avenue, Bronx, New York. At the time of inspection, an
> agent determined that ORC operated a base station on the frequency
> 469.775 MHz at 1787 Amsterdam Avenue, Bronx, New York.
>
> 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. The call
> sign shall be transmitted by voice in the English language or by
> International Morse Code in accordance with paragraph (b) of this
> section...." On December 12, 2008, between 9:45 a.m. and 11:30 a.m.,
> ORC did not transmit its call sign identification for station WQDL718
> on the frequency 469.775 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, ORC 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 ORC. 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 ORC Repeater and Comm Inc. 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 District 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.*