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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Oscar Macareno ) File No. EB-10-NY-0230
Licensee of Radio Station WPIN347 )
Brooklyn, New York ) NOV No. V201032380020
NOTICE OF VIOLATION
Released: June 10, 2010
By the District Director, New York 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 Oscar Macareno, licensee of land
mobile radio station WPIN347, Brooklyn, New York.
2. On May 25, 2010, agents of the Commission's New York Office, in
response to a complaint, monitored station WPIN347 and observed the
following violation:
47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions to
avoid causing harmful interference. This includes ... such other measures
as may be necessary to minimize the potential for causing interference."
At the time of the investigation, the WPIN347 base station transmitter,
which is authorized to operate on 31.40 MHz, was transmitting spurious
signals on 156.95 MHz. These transmissions were causing interference to
another FCC licensed service. Additional filtering or a replacement of the
transmitter is needed to correct the problem.
3. Pursuant to Section 308 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Oscar Macareno, 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
Oscar Macareno. 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 Oscar Macareno 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
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.
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