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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Silkirk Fire District ) File No. EB-09-NY-0038

   Licensee of Radio Station KDX366 )

   Silkirk, New York ) NOV No.V200932380024

                              NOTICE OF VIOLATION

   Released: March 5,  2009

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Silkirk Fire District, licensee of
       land mobile station  KDX366 in Silkirk, New York.

    2. On February 24 and 25, 2009, in response to a complaint, an agent from
       the Commission's New York Office investigated radio station KDX366 and
       observed the following violations:

    a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
       to avoid causing harmful interference. This includes monitoring the
       transmitting frequency for communications in progress and such other
       measures as may be necessary to minimize the potential for causing
       interference." At the time of the investigation, an agent observed
       that KDX366 repeatedly transmitted short transmissions of an
       unmodulated carrier every 15 to 45 seconds on 46.06 MHz. These
       transmissions would sometimes occur when transmissions from another
       FCC licensed station was already in progress.

    b. 47 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 February 24, 2009, between 10:30 a.m. and 1:00 p.m.,
       Silkirk Fire District did not transmit its call sign identification
       KDX366 on the frequency 46.06  MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Silkirk Fire
       District 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 Silkirk Fire District. 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

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Silkirk Fire District at its address of

    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.


   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


                       Federal Communications Commission