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

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                )
                                )
Arch Wireless License Co., LLC  )            File  No.  EB-03-PA-
136 
                                )
Westborough, Massachusetts      )            NOV              No.  
V200332400004
                                )
Attention: Joseph Mullin        )


                       NOTICE OF VIOLATION

                                             Released:  October 
9, 2003  

By the District Director, Philadelphia Office, Enforcement 
Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to Arch 
     Wireless License Co., LLC (``Arch''). 

  2.      On September  17, 2003,  an agent  of the  Commission's 
     Philadelphia Office  inspected  radio  station  KNKD379  and 
     observed the following violations:

  2.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.'' Arch operated  a 
            radio transmitter on the frequency 931.8625  MHz 
            at  the  unauthorized location  of  the  Regency 
            Towers,  1001  Easton Road,  Route  611,  Willow 
            Grove, Pennsylvania 19090.  

  2.b.      47  C.F.R.   90.210(i)(3):  ``For  transmitters 
            that are equipped with an audio low pass  filter 
            pursuant to Section 90.211(a), the power of  any 
            emissions   must   be   attenuated   below   the 
            unmodulated  carrier power  of  the  transmitter 
            (P) as  follows: On any  frequency removed  from 
            the  center of  the  authorized bandwidth  by  a 
            displacement frequency of  more than 15 kHz:  at 
            least 43  + log (P) dB,  or 70 dB, whichever  is 
            the  lesser  attenuation.''   Arch  operated   a 
            radio transmitter on the frequency 931.8625  MHz 
            in Bally, Pennsylvania near the coordinates  40-
            26-41 N by 075-24-53 W.  This radio  transmitter 
            generated  a  spurious  emission  that   drifted 
            between  822.5  MHz and  823.3  MHz  and  caused 
            harmful  interference to  the  Bethlehem  Police 
            Department.    The    spurious   emission    was 
            attenuated  only  58 dB  below  the  unmodulated 
            carrier power of the transmitter. 
   
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Arch Wireless License Co., LLC, 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  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 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

  4.      This Notice shall be sent to Arch Wireless License Co., 
     LLC,  1800  West   Park  Drive,   Suite  250,   Westborough, 
     Massachusetts 01581.  

  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




                                John E. Rahtes
                                District Director
                                Philadelphia Office

_________________________

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.