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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Elmont Cemetery Inc. ) File No. EB-07-NY-389

   Licensee of Radio Station WPYQ834 )

   Elmont, New York ) NOV No. V20083238004

                              NOTICE OF VIOLATION

   Released: October 19, 2007

   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 to Elmont Cemetery Inc. ("Elmont"),
       licensee of private land mobile radio station WPYQ834, Elmont, New
       York.

    2. On October 18, 2007, in response to an interference complaint from a
       licensee, an agent of the Commission's New York Office inspected radio
       station WPYQ834, and observed the following violations:

     a. 47 C.F.R. S: 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, except as specified in paragraph (b) of this section." Elmont
        is operating with its control station on a frequency of 466.225 MHz
        whereas only the mobiles are authorized to operate on frequency
        466.225 MHz. In addition, Elmont is operating a mobile relay at an
        unauthorized location.

     b. C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
        (e) of this section, each station or system shall be identified by
        the transmission of the assigned call sign during each transmission
        or exchange of transmissions, or once each 15 minutes (30 minutes in
        the Public Safety Pool) during periods of continuous operation. The
        call sign shall be transmitted by voice in the English language or by
        International Morse Code in accordance with paragraph (b) of this
        section...." On October 18, 2007, between 9:30 a.m. and 1:00 p.m.,
        Elmont did not transmit its call sign identification for station
        WPYQ834 on the frequency 461.225 MHz or frequency 466.225 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Elmont, 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
       Elmont. 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 Elmont Cemetery Inc.  at its address of
       record.

    5. The Privacy Act of 1974 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

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

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission

   2

                       Federal Communications Commission