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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Mitchell A. Beranek ) File No. EB-09-PA-0067

   Licensee of FM Translator Station W248BI )

   Facility ID # 157218 ) NOV No. V200932400026

   Jonestown, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: September 11, 2009

   By the District Director, Philadelphia 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 Mitchell A. Beranek, the licensee of
       FM translator station W248BI in Jonestown, Pennsylvania.

    2. On August 26, 2009, an agent of the Commission's Philadelphia Office
       inspected FM translator station W248BI located in Jonestown,
       Pennsylvania and observed the following violations:

     a. 47 C.F.R. S: 74.1265(b): "The call sign of the translator or booster
        together with the name, address, and telephone number of the licensee
        or local representative of the licensee if the licensee does not
        reside in the community served by the translator or booster, and the
        name and address of a person and place where station records are
        maintained, shall be displayed at the translator or booster site on
        the structure supporting the transmitting antenna, so as to be
        visible to a person standing on the ground at the transmitter site.
        The display shall be prepared so as to withstand normal weathering
        for a reasonable period of time and shall be maintained in a legible
        condition by the licensee." At the time of inspection, no postings
        were present with the required licensee information.

     b. 47 C.F.R. S: 74.1281(a): "The licensee of a station authorized under
        this Subpart shall maintain adequate records, including the current
        instrument of authorization, official correspondence with the FCC,
        maintenance records, contracts, permission for rebroadcast, and other
        pertinent documents" At the time of inspection, the station's records
        did not show prior consent permitting rebroadcast of the primary
        station's broadcast signal.

     c. 47 C.F.R. S:  74.1283(c): "A translator station authorized under this
        subpart shall be identified by one of the following methods. (1) By
        arranging for the primary station whose station is being rebroadcast
        to identify the translator station by call sign and location. Three
        such identifications shall be made during each day: once between 7
        a.m. and 9 a.m., once between 12:55 p.m. and 1:05 p.m. and once
        between 4 p.m. and 6 p.m. Stations which do not begin their broadcast
        before 9 a.m. shall make their first identification at the beginning
        of their broadcast days...(2) By transmitting the call sign in
        International Morse Code at least once each hour. Transmitters of FM
        broadcast translator stations of more than 1 watt transmitter output
        power must be equipped with an automatic keying device that will
        transmit the call sign at least once each hour, unless there is in
        effect a firm agreement with the translator's primary station as
        provided in Sec. 74.1283(c)(1) of this section." On August 25, 2009,
        between 10:36 a.m. and 12:15 p.m., and on August 26, 2009, between
        12:55 p.m. and 1:05 p.m., the licensee failed to identify translator
        station W248BI.

     d. 47 C.F.R. S: 74.1234(a)(4): "The FCC in Washington DC Attention:
        Audio Division, Media Bureau, shall be supplied by letter with the
        name, address, and telephone number of a person or persons who may be
        contacted to secure suspension of operation of the translator
        promptly should such action be deemed necessary by the Commission.
        Such information shall be kept current by the licensee." At the time
        of inspection, station W248BI was unattended. According to the
        licensee, Vic Michael and Van Michael are the local representatives
        for the station who may be contacted to secure suspension of
        operation. However, the FCC does not have their required information
        on file.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Mitchell A.
       Beranek, 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 the licensee. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Mitchell A. Beranek at his 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.


   Gene J. Stanbro

   District Director

   Philadelphia 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