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 )

   )

   County of Marion )

   Central Communications ) File No. EB-09-CF-0047

   Licensee of Radio Station KWQ479 )

   ) NOV No. V200932340006

   Fairmont, WV )

   )

                              NOTICE OF VIOLATION

   Released: April 7, 2009

   By the Acting District Director, Columbia Office, Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to County of Marion ("Marion County"),
       licensee of radio station KWQ479.

    2. On April 1, 2009, agents of the Commission's Columbia Office monitored
       and subsequently inspected radio station KWQ479 located at 50
       Centerview Drive, Fairmont, WV, and observed the following violations:

     a. 47 C.F.R. S: 1.903(b): "The holding of an authorization does not
        create any rights beyond the terms, conditions and period specified
        in the authorization." Marion County is licensed to operate a base
        station at a location identified as 903 E State Street, Fairmont, WV,
        with coordinates 39-28-14N, 080-07-56W. During the inspection on
        April 1, 2009, the agents determined that the transmitter is located
        at 50 Centerview Street, Fairmont, WV with the approximate
        coordinates of 39-28-11N, 080-08-10W. Additionally, Marion County is
        authorized to operate a transmitter at a location at Williams
        Crossroads in Marion county WV at coordinates 39-24-58N, 080-03-51W.
        Using direction finding techniques, the agents determined that the
        approximate coordinates for this transmitter are 39-25-29N,
        080-05-15W, approximately 1.4 miles northwest of the licensed
        coordinates.

     b. 47 C.F.R. S: 90.243(b)(1): "In the Public Safety Pool, medical
        services systems in the 150-160MHz band are permitted to be
        cross-banded for mobile and central stations operations with mobile
        relay stations authorized to operate in the 450-470MHz band." Based
        on monitoring and a statement from the director of Marion County's
        911 Center, the agents determined that Marion County cross-banded to
        the unauthorized frequency of 46.46 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Marion County,
       must submit a written statement concerning this matter within 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 with personal knowledge of the matter. 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

   Columbia Office

   9600 Farm House Lane

   Columbia, Maryland 21046

    4. This Notice shall be sent to Marion County, 903 E State Street,
       Fairmont, WV 26554, the address of record. A copy shall also be sent
       to the licensee's new address at 50 Centerview Street, Fairmont, WV
       26554.

    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

   Richard M. Caine

   Acting District Director

   Columbia Office

   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

   3

                       Federal Communications Commission