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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Southeast Morris County Municipal ) File No. EB-09-NY-0189

   Licensee of Radio Station WQIA554 )

   Cedar Knolls, New Jersey  ) NOV No.V200932380036


                              NOTICE OF VIOLATION

   Released: May  28,  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 Southeast Morris County Municipal,
       licensee of private land mobile telemetry station WQIA554 in Cedar
       Knolls, New Jersey.

    2. On May 12, 2009, in response to a complaint of interference from a FCC
       licensee, an agent from the Commission's New York Office inspected
       radio station WQIA554 located in Cedar Knolls, New Jersey, and
       observed the following violations:

    a. 47 C.F.R. S: 90.238(e): "In the 450-470 MHz band, telemetry operations
       will be authorized on a secondary basis with a transmitter output
       power not to exceed 2 watts on frequencies subject to 90.20(d)(27) or
       90.35(c)(30)." During the inspection on May 12, 2009, the agent found
       that Southeast Morris County Municipal's telemetry base station was
       transmitting with an effective radiated power of 16 watts. The agent
       further found that the station was not operating consistent with its
       status as a secondary user because the station, in violation of 47
       C.F.R. S: 90.403(c), continuously transmitted a data stream and steady
       carrier on frequency 457.075 MHz, which prevented other licensees from
       using the frequency.

    b. 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." During the inspection on May 12, 2009, the agent
       observed that Southeast Morris County Municipal did not monitor for
       other users on the frequency 457.075 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Southeast Morris
       County Municipal 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 Southeast Morris County Municipal.
       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 Southeast Morris County Municipal 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.


   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