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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                        NORTHEAST REGION

                       Philadelphia Office
              One Oxford Valley Building, Suite 404
                    2300 East Lincoln Highway
                  Langhorne, Pennsylvania 19047
                                       

                        November 1, 2005


New Jersey Broadband
P.O. Box 627
Media, Pennsylvania 19063

                        Letter of Inquiry

                                   Case Number:  EB-05-PA-126
                                   Document Number:  W20063240001

New Jersey Broadband is apparently operating a wireless cable 
system in Mamora, New Jersey without authorization, in violation 
of 47 U.S.C.  301.  New Jersey Broadband is requested to submit 
a detailed written response to the questions below regarding its 
authorization to operate the wireless cable system.

Background  

On November 17, 2004, an agent from the FCC's Philadelphia Office 
conducted an inspection of a 31 channel wireless cable system 
that was operating at 215 South Shore Road, Mamora, New Jersey on 
the frequencies between 2500 MHz and 2686 MHz assigned to the 
Broadband Radio Service and Educational Broadband Service.  The 
agent found that the wireless cable system did not have any 
Emergency Alert System equipment installed, in violation of 
Section 11.11(a) of the FCC Rules.1  During the inspection, Tom 
Balun, the Manager of New Jersey Broadband (``Broadband''), 
admitted that Broadband was the operator of the wireless cable 
system.  

The agent subsequently conducted research to determine the status 
of the licenses for the wireless cable system.  The agent found 
that 22 of the channels in the wireless cable system were 
licensed to Orion Broadcasting Services, Inc. (``Orion''), Views 
on Learning, Inc., and North American Catholic Educational 
Programming Foundation, Inc. (``Catholic Educational'').  The 
agent found no authorization for 9 channels of the wireless cable 
system.  (See the attachment entitled Wireless Cable System 
Frequency Bands and Licensee List). 

The agent also learned that, in March 2000, NJ Broadband entered 
into an agreement with Orion.  The management agreement provided 
that, among other things, NJ Broadband would operate the system 
on behalf of Orion and that Orion and NJ Broadband would file an 
application with the FCC seeking approval for the assignment of 
Orion's licenses to NJ Broadband.  The agreement also provided 
that subject to the consent of the lessors, Orion would assign 
its lease agreements with Views on Learning and Catholic 
Educational to Broadband at the time the Orion licenses are 
assigned to Broadband.  -

Orion Licenses: The FCC's records show that Orion was once 
licensed to operate on the Broadband Radio Service frequencies 
(formerly Multipoint Distribution Service) in the BTA Market of 
Atlantic City, New Jersey under a geographic license for station 
B025.  On July 13, 2005, the FCC cancelled the geographic license 
for station B025, effective June 1, 1999 because Orion defaulted 
on its auction payments.  Orion still holds site-specific 
licenses for the following stations:  (1) Station WMX626, which 
consists of four Educational Broadband Service stations in Corbin 
City, New Jersey; (2) Stations WHTH752 and WNTH892, which consist 
of five Broadband Radio Service stations in Atlantic City, New 
Jersey; and (3) Stations WMI280, WMI383, WMI387 and WNTJ652, 
which consist of seven Broadband Radio Service stations in Corbin 
City, New Jersey.  There is no evidence that an application has 
been filed with the FCC for the assignment of any Orion license 
to Broadband.  

Views on Learning Licenses: The FCC records show that Views on 
Learning, Inc. holds the license for station WNC266 to operate 
four stations in the Educational Broadband Radio Service in the 
Corbin City, New Jersey.  Views on Learning apparently entered 
into an ITFS Excess Capacity Airtime Lease Agreement with Orion 
on June 20, 1991 for the use station WNC266 in the wireless cable 
system.  There is no evidence that Views on Learning consented to 
the assignment of the lease from Orion to Broadband or that Orion 
attempted to assign the leases to Broadband.    

North American Catholic Educational Programming Foundation, Inc. 
Licenses: Catholic Educational holds the license for station 
WLX491 to operate four stations in the Educational Broadband 
Radio Service in Corbin City, New Jersey.  Catholic Educational 
apparently entered into an ITFS Excess Capacity Airtime Lease 
Agreement with Orion on September 20, 1991 for the use of station 
WLX491.  There is no evidence that Catholic Educational consented 
to the assignment of the lease from Orion to Broadband or that 
Orion attempted to assign the leases to Broadband.  

Unauthorized Operation

On August 15, 2005, an agent from this office confirmed by 
direction finding techniques that Broadband was operating the 31 
channel wireless cable system at 215 South Shore Road, Mamora, 
New Jersey on the following frequency bands.  

   1.  2500-2506 MHz  11.  2560-2566 MHz   21. 2620-2626 
                                               MHz
   2.  2506-2512 MHz  12.  2566-2572 MHz   22. 2626-2632 
                                               MHz
   3.  2512-2518 MHz  13.  2572-2578 MHz   23. 2632-2638 
                                               MHz
   4.  2518-2524 MHz  14.  2578-2584 MHz   24. 2638-2644 
                                               MHz
   5.  2524-2530 MHz  15.  2584-2590 MHz   25. 2644-2650 
                                               MHz
   6.  2530-2536 MHz  16.  2590-2596 MHz   26. 2650-2656 
                                               MHz
   7.  2536-2542 MHz  17.  2596-2602 MHz   27. 2656-2662 
                                               MHz
   8.  2542-2548 MHz  18.  2602-2608 MHz   28. 2662-2668 
                                               MHz
   9.  2548-2554 MHz  19.  2608-2614 MHz   29. 2668-2674 
                                               MHz
  10.  2554-2560 MHz  20.  2614-2620 MHz   30. 2674-2680 
                                               MHz
                                           31. 2680-2686 
                                               MHz

The Philadelphia Office found no evidence that Broadband is 
authorized to operate the 31 channel wireless cable system on any 
of the frequency bands listed above.  

Broadband may be operating the wireless cable system without 
authorization, in violation of 47 U.S.C. 301.  On August 15, 
2005, the FCC agent contacted Tom Balun of Broadband by telephone 
and warned that Broadband may be operating the wireless cable 
system without authorization.  However, on August 17, 2005?, the 
FCC agent again confirmed by direction finding techniques that 
Broadband was still operating the 31 channel wireless cable 
system at 215 South Shore Road, Mamora, New Jersey.

Broadband is hereby warned that operation of radio transmitting 
equipment without a valid radio station authorization constitutes 
a violation of the Federal laws cited above and could subject the 
operator to severe penalties, including, but not limited to, 
substantial monetary fines, in rem arrest action against the 
offending radio equipment, and criminal sanctions including 
imprisonment.  (see 47 U.S.C.  401, 501, 503 and 510).

UNLICENSED OPERATION OF THESE RADIO STATIONS MUST BE DISCONTINUED 
IMMEDIATELY.

Inquiry

Pursuant to Sections 308(b) and 403 of the Communications Act of 
1934, as amended,2 and Sections 1.17 the FCC's Rules,3 Broadband 
is directed to provide a complete explanation to the following 
questions along with the requested information and any relevant 
documents:

  1.      When did Broadband begin operating the wireless cable 
     system in Mamora, New Jersey?  What is the current status of 
     operations of the wireless cable system in Mamora, New 
     Jersey?

  2.      Does Broadband have authorization to operate the 
     wireless cable system on each of the 31 channels?  Broadband 
     must explain what authorization it has to operate on each 
     channel and provide a copy of a license for each channel.  
     Broadband must also provide a copy of any current and 
     unexpired agreement that it has with any licensee to manage, 
     lease or operate on any channel.  For those channels which 
     Broadband does not have authorization to operate, Broadband 
     must provide a description of the corrective actions it will 
     take to prevent unauthorized operation on that channel. 

  3.      Has any application been filed with the FCC for the 
     assignment of any Orion license to Broadband?  If so, please 
     provide the date any application was filed, the call signs 
     of the stations involved, and a copy of any assignment 
     application.  If not, please specify why no assignment 
     application has been filed yet and if an assignment 
     application will ever be filed.  

  4.      Did Views on Learning ever consent to the assignment of 
     the ITFS Excess Capacity Airtime Lease Agreement from Orion 
     to Broadband?  If so, please provide evidence of the consent 
     and a copy of the original lease between Views on Learning 
     and Orion.  In addition, please provide evidence that Orion 
     assigned the lease agreement to Broadband. 

  5.      Did North American Catholic Educational Programming 
     Foundation, Inc. ever consent to the assignment of the ITFS 
     Excess Capacity Airtime Lease Agreement from Orion to 
     Broadband?  If so, please provide evidence of the consent 
     and a copy of the original lease between Catholic 
     Educational and Orion. In addition, please provide evidence 
     that Orion assigned the lease agreement to Broadband. 
 
  6.      Provide any other information that may be relevant to 
     this inquiry.



Broadband's response to this inquiry must be supported by a sworn 
statement, signed by a corporate officer or member of the board 
of directors of Broadband attesting to the truth and accuracy of 
the response.  Broadband should submit the sworn response so that 
it is received at the following address no later than 20 days 
from the date of this letter:  
                    
     Federal Communications Commission
     Philadelphia Office 
     One Oxford Valley Building, Suite 404
     2300 East Lincoln Highway
     Langhorne, Pennsylvania 19047

To knowingly and willfully make any false statement or conceal 
any material fact in reply to this inquiry is punishable by fine 
or imprisonment.  See 18 U.S.C.  1801; see also 47 C.F.R.  
1.17.  Failure to respond appropriately to a Bureau Letter of 
Inquiry constitutes a violation of the Communications Act and our 
rules.  See SBC Communications, Inc., Order of Forfeiture, 17 FCC 
Rcd 7589 (2002); Globcom, Inc., Notice of Apparent Liability for 
Forfeiture and Order, 18 FCC Rcd 19893, n. 36 (2003).

Under the Privacy Act of 1974, 5 U.S.C.  552a(e)(3), we are 
informing Broadband that the Commission's staff will use all 
relevant material information before it to determine what, if 
any, enforcement action is required to ensure its compliance with 
FCC Rules.  This will include any information that Broadband 
discloses in its reply.


                                   Sincerely


                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office




Attachments:
     Wireless Cable System Frequency Bands and Licensee List
     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003


                      Wireless Cable System 
                Frequency Bands and Licensee List

  
Number   Frequency  Channel    Call       Licensee      Ser-
           Band                Sign                     vice
  1      2500-2506     A1     WNC266      Views on      EBS
            MHz                           Learning
  2      2506-2512     B1            No License Found
            MHz
  3      2512-2518     A2     WNC266      Views on      EBS
            MHz                           Learning
  4      2518-2524     B2            No License Found
            MHz
  5      2524-2530     A3     WNC266      Views on      EBS
            MHz                           Learning
  6      2530-2536     B3            No License Found
            MHz
  7      2536-2542     A4     WNC266      View on       EBS
            MHz                           Learning
  8      2542-2548     B4            No License Found
            MHz
  9      2548-2554     C1     WMX626       Orion        EBS
            MHz                         Broadcasting
  10     2554-2560     D1     WLX491      Catholic      EBS
            MHz                         Educational 
  11     2560-2566     C2     WMX626       Orion        EBS
            MHz                         Broadcasting
  12     2566-2572     D2     WLX491      Catholic      EBS
            MHz                         Educational
  13     2572-2578     C3     WMX626       Orion        EBS
            MHz                         Broadcasting
  14     2578-2584     D3     WLX491      Catholic      EBS
            MHz                         Educational
  15     2584-2590     C4     WMX626       Orion        EBS
            MHz                         Broadcasting
  16     2590-2596     D4     WLX491      Catholic      EBS
            MHz                         Educational
  17     2596-2602     E1     WHT752       Orion        BRS
            MHz                         Broadcasting
  18     2602-2608     F1     WMI280       Orion        BRS
            MHz                         Broadcasting
  19     2608-2614     E2     WHT752       Orion        BRS
            MHz                         Broadcasting
  20     2614-2620     F2     WMI280       Orion        BRS
            MHz                         Broadcasting
  21     2620-2626     E3     WHT752       Orion        BRS
            MHz                         Broadcasting
  22     2626-2632     F3     WMI280       Orion        BRS
            MHz                         Broadcasting
  23     2632-2638     E4     WHT752       Orion        BRS
            MHz                         Broadcasting
  24     2638-2644     F4     WMI280       Orion        BRS
            MHz                         Broadcasting
  25     2644-2650     G1            No License Found
            MHz
  26     2650-2656     H1    WNTH892       Orion        BRS
            MHz                         Broadcasting
  27     2656-2662     G2            No License Found
            MHz
  28     2662-2668     H2    WNTJ652       Orion        BRS
            MHz                         Broadcasting
  29     2668-2674     G3            No License Found
            MHz
  30     2674-2680     H3            No License Found
            MHz
  31     2680-2686     G4            No License Found
            MHz


_________________________

1 47 C.F.R.  11.11(a).

2  47 U.S.C.  308(b) and  403.
3
  47 C.F.R.  1.17.