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                )
                                )
Yonkers Public Schools          )            File  No.  EB-06-NY-
004
Licensee of Radio Station WNAR498            )    
Yonkers, NY                     )            NOV No. V20063238016



                       NOTICE OF VIOLATION

                                             Released:  January 
25, 2006

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  Rules,1  to 
     Yonkers Public  Schools,  licensee of  private  land  mobile 
     radio station WNAR498, Yonkers, New York.

  2.      On December 22, 2005 and  January 7, 2006, in  response 
     to an  interference  complaint  from  another  private  land 
     mobile licensee,  an  agent  of the  Commission's  New  York 
     Office investigated radio  station WNAR498,  located at  143 
     Palmers Road, Yonkers, New  York and observed the  following 
     violation:

     47 C.F.R.   90.403(f):   ``Stations licensed  in  this 
     part shall  not  continuously  radiate  an  unmodulated 
     carrier except where required for tests as permitted in 
      90.405 ....''  During the investigations on  December 
     22, 2005 and January 7, 2006, the agent determined that 
     the Yonkers Public Schools was radiating an unmodulated 
     carrier on  the  frequency  154.515 MHz  that  was  not 
     associated with  testing or  maintenance of  the  radio 
     system.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Yonkers  Public  Schools   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  Yonkers 
     Public Schools.   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 Yonkers Public Schools  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 Office
                                Northeast Region
                                Enforcement Bureau

_________________________

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.