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                 )
                                 )
Town of Islip                    )         File No. EB-05-
NY-299
Licensee of Radio Station KB75929            )
Islip, NY                        )         NOV           No. 
V20063238009                     


                     NOTICE OF VIOLATION

                                             
                                        Released:  November 
28, 2005

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 Rules1 to 
     Town of Islip, licensee of radio station KB75929, 
     Islip, New York.

   2.     On November 2, 2005, in response to an 
     interference complaint from a licensee, an agent of the 
     Commission's New York Office inspected radio station 
     KB87556, located at Hauppauge Landfill, 440 Blydenburgh 
     Road, Hauppauge, NY 11788, 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.''  At the time of 
        the inspection, an agent from the New York 
        Office determined that the Town of Islip was 
        operating on the frequency 458.9625 MHz.  
        Although the Town of Islip previously operated 
        on that frequency under station license 
        KB87556, the license for station KB87556 
        expired on December 29, 2001.  The Town of 
        Islip's license for Station KB75929 does not 
        authorize operation on the frequency 458.9625 
        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, Town of Islip, 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 Town of Islip  
     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 Town of Islip at its 
     address of record.

   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 District Office
                         Northeast Region
                         Enforcement Bureau
_________________________

147 C.F.R.  1.89.

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

418 U.S.C.  1001 et seq.