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


In the Matter of                 )
                                 )
Smith and Fitzgerald, Partnership       )    File No. EB-05-
PA-147
Licensee of Radio Station WCOZ   )
Facility ID # 66715              )      NOV No. V20063240003 
Laporte, Pennsylvania            )
                                 )
                                 )

                     NOTICE OF VIOLATION

                                        Released:  January 
12, 2006

By the District Director, Philadelphia 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 
     Smith and Fitzgerald, Partnership, the licensee of 
     radio station WCOZ in Laporte, Pennsylvania.  

   2.     On September 20, 2005, an agent of the 
     Commission's Philadelphia Office inspected radio 
     station WCOZ in Laporte, Pennsylvania and observed the 
     following violations:

   2.a.      47 C.F.R.  73.1870(c)(3): ``The chief 
             operator is responsible for the completion 
             of the following duties specified in this 
             paragraph below...Review of the station 
             records at least once a week to determine 
             if required entries are being made 
             correctly.  Additionally, verification 
             must be made that the station has been 
             operated as required by the rules or the 
             station authorization.  Upon completion of 
             the review, the chief operator or his 
             designee must date and sign the log, 
             initiate any corrective action which may 
             be necessary, and advise the station 
             licensee of any condition which is 
             repetitive.''  Kevin Fitzgerald, the Chief 
             Operator of WCOZ, failed to sign and date 
             the station logs at least once a week.  

   2.b.      47 C.F.R.  73.1560(b): ``[T]he 
             transmitter power output of an FM station, 
             with power output as determined by the 
             procedures specified in  73.267, which is 
             authorized for output power more than 10 
             watts must be maintained as near as 
             practicable to the authorized transmitter 
             output power and may not be less than 90% 
             nor more than 105% of the authorized 
             power.''  Based on the agent's calculation 
             of the station indirect power, the 
             transmitter power output of station WCOZ 
             was 108.0 percent of the authorized 
             transmitter power output.  

   2.c.      47 C.F.R.  73.1350(c)(2): ``Monitoring 
             equipment must be periodically calibrated 
             so as to provide reliable indications of 
             transmitter operating parameters with a 
             known degree of accuracy.''  During the 
             inspection, the agent determined that 
             Smith and Fitzgerald, Partnership, failed 
             to calibrate its remote monitoring system 
             so that it provided reliable indications 
             of the transmitter's plate current.  The 
             WCOZ telephone remote monitoring system 
             provided a plate current value that was 
             13.75 percent below the value indicated on 
             the transmitter's plate current meter.  

   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Smith and Fitzgerald, Partnership, 
     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 
     licensee.  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 Smith and Fitzgerald, 
     Partnership, 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




                         John E. Rahtes
                         District Director
                         Philadelphia Office
                         Northeast Region
                         Enforcement Bureau
_________________________

147 C.F.R.  1.89.

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

418 U.S.C.  1001 et seq.