Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
Sunshine Communications Corporation          )    File No. EB-03-
Licensee of Radio Station WPNQ622            )
Philadelphia, Pennsylvania      )            NOV              No.  
Attention: Jack Hinks           )

                       NOTICE OF VIOLATION

                                             Released: August 19, 

By the District Direction, Philadelphia Office, Enforcement 

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Sunshine  Communications  Corporation  (``Sunshine''),   the 
     licensee of radio station WPNQ622.  

  2.      On July  1, 2003  and July  2, 2003,  an agent  of  the 
     Commission's  Philadelphia   Office  inspected   the   radio 
     transmitting  equipment  located  at  7200  Stenton  Avenue, 
     Philadelphia,  Pennsylvania  and   observed  the   following 

     a.   47 C.F.R.  90.187(a): ``Applicants for trunk 
     systems operating on frequencies between 150 and 512 
     MHz must indicate on their applications that their 
     system will be trunked.  Licensees of stations that are 
     not trunked may trunk their systems only after 
     modifying their license.''  Sunshine was operating a 
     trunking system on the frequencies 152.285 MHz, 
     151.5425 MHz, 153.0725 MHz, 153.665 MHz and 151.985 MHz 
     without authorization.   

     b.   47 C.F.R.  90.187(f): ``If a licensee authorized 
     for trunking operation discontinues trunking operations 
     for a period of 30 consecutive days, the licensee, 
     within 7 days of the expiration of said 30-day period 
     shall file a conforming application for modification of 
     license with the Commission.  Upon grant of that 
     application, new applicants may file for the same 
     channel or channels notwithstanding the interference 
     contour of the new applicant's proposed channel or 
     channels overlaps the service contour of the station 
     that was previously engaged in trunking operations.''  
     Although Sunshine has not operated its trunking station 
     WPNQ622 at Port Royal Avenue and Hageys Mill Road, 
     Philadelphia, Pennsylvania since 2002, Sunshine never 
     modified the license to remove such authorization.  
Pursuant to Section 308(b) of the Communications Act of 
1934, as amended,2 and Section 1.89 of the Commission's 
Rules, Sunshine Communications Corporation, must submit a 
written statement concerning this matter within 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 with personal knowledge of the matter.  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
                 Philadelphia Office 
                 One Oxford Valley Building, Suite 404
                 2300 East Lincoln Highway 
                 Langhorne, Pennsylvania 19047

  3.      This Notice shall  be sent  to Sunshine  Communications 
     Corporation, 207  Old  Mill Road,  Royersford,  Pennsylvania 

  4.      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 

                                John E. Rahtes
                                District Director 
                                Philadelphia Office    

1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.