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 )

   )

   Department of Correction )

   Commonwealth Massachusetts ) File No. EB-09-BS-0048

   Licensee of Radio Station WNEK369 )

   Sudbury, MA ) NOV No. V201032260002

   )

   )

   )

                              NOTICE OF VIOLATION

   Released: April 27, 2010

   By the District Director, Boston 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 the Department of Correction
       Commonwealth Massachusetts ("Department of Correction"), the licensee
       of radio station WNEK369 in Sudbury, Massachusetts.

    2. On December 14, 2009, agents of the Commission's Boston Office
       monitored radio transmissions on the frequency 6651.25 MHz at Nobscot
       Mountain in Sudbury, Massachusetts and observed the following
       violation:

   47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services must be
   used and operated only in accordance with the rules applicable to their
   particular service as set forth in this title and with a valid
   authorization granted by the Commission under the provisions of this
   part." Furthermore, 47 C.F.R. S: 1.903(b) states: "[t]he holding of an
   authorization does not create any rights beyond the terms, conditions and
   period specified in the authorization." The agents observed transmissions
   on the frequency 6651.25 MHz at Nobscot Mountain on December 14, 2009.
   Although the Department of Corrections previously was authorized to
   operate on the frequency 6651.25 MHz from Nobscot Mountain, the Commission
   removed that frequency from the Department of Correction's license on July
   5, 2009 for failure to file the required build-out notification. The
   Department of Corrections is therefore operating on 6651.25 MHz without
   authorization.

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

   Boston Office

   1 Batterymarch Park

   Boston, MA 02169

    4. This Notice shall be sent to the Department of Correction 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis Loria

   District Director

   Boston 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

   2

                       Federal Communications Commission