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


In the Matter of                )
                                )
Newark Auto Cab Company, Inc.   )            File  No.  EB-04-NY-
121
Licensee of Radio Station WPMY485            )    
Newark, NJ                      )            NOV No. V20043238018



                       NOTICE OF VIOLATION

                                             Released:  June 18, 
2004

By the District Director, New York, Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Newark Auto  Cab Company,  Inc., licensee  of radio  station 
     WPMY485.

  2.      On June 8, 2004, an agent of the Commission's New  York 
     Office inspected radio station, WPMY485, located at  Newark, 
     New Jersey, and observed the following violation:

          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.''  
          In this connection, licensees shall exercise  such 
          direction  and  control  as  to  assure  that  the 
          transmitter is  being  operated in  a  permissible 
          manner.  The  station  was operating  outside  the 
          emission mask specified in 47 C.F.R. 90.210(c)(1) 
          with frequency deviation of  8.5 kHz in excess  of 
          the normal  deviation  of  5 kHz  for  FM  two-way 
          radio.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Newark Auto Cab Company, Inc., 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  owner 
     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
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY 10014


  4.      This Notice shall be sent  to Newark Auto Cab  Company, 
     Inc., 517 Springfield Avenue, Newark, NJ 07103.

  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 W. Noel
                                District Director
                                New York 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.