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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   John S. Melcer ) File No. EB-09-PA-0246

   Licensee of Radio Station K3UN )

   New Castle, Pennsylvania ) NOV No. V201032400012 )


                              NOTICE OF VIOLATION

   Released: December 15, 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 John S. Melcer, the licensee of
       Amateur Radio Service station K3UN in New Castle, Pennsylvania.

    2. The Enforcement Bureau's Philadelphia Office received a complaint
       alleging intentional interference to amateur radio communications on
       the 146.625/146.025 MHz repeater (Call sign WA3VRD). In response, on
       November 19, 2009, an agent from the Philadelphia Office used mobile
       direction finding techniques to locate the source of interference to
       the residence of John Melcer in New Castle, Pennsylvania. The agent
       monitored the radio transmissions on the frequency 146.025 MHz from
       Melcer's amateur radio station and observed the following violations:

     a. 47 C.F.R. S: 97.119(a): "Each amateur station, except a space station
        or telecommand station, must transmit its assigned call sign on its
        transmitting channel at the end of each communication, and at least
        every 10 minutes during a communication, for the purpose of clearly
        marking the source of the transmissions from the station known to
        those receiving the transmissions. No station may transmit
        unidentified communications or signals, or transmit as the station
        call sign, any call sign not authorized to that station." On November
        19, 2009 between 7:00 p.m. and 8:15 p.m., John Melcer made numerous
        unidentified transmissions on the frequency 146.025 MHz.

     b. 47 C.F.R. S: 97.101(d): "No amateur operator shall willfully or
        maliciously interfere with or cause interference to any radio
        communications or signal." The transmissions from John Melcer's
        station caused harmful interference to communications in progress on
        the 146.625 MHz/146.025 MHz repeater (Call Sign WA3VRD).

     c. 47 C.F.R. S: 97.113(b): "An amateur station shall not engage in any
        form of broadcasting, nor may an amateur station transmit one-way
        communications except as specifically provided in these rules..." On
        November 19, 2009 between 7:00 p.m. and 8:15 p.m., John Melcer
        broadcasted music and one-way communications on the frequency 146.025

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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to John Melcer at his 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.


   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