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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Point Bay Fuel, Inc. ) File No. EB-10-PA-0160
Licensee of Radio Station WPJV984 )
Licensee of Radio Station KMG289 ) NOV No. V201032400045
Lakewood, New Jersey )
)
)
NOTICE OF VIOLATION
Released: July 8, 2010
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 Point Bay Fuel, Inc. ("Point Bay
Fuel"), the licensee of stations WPJV984 and KMG289 in Lakewood, New
Jersey.
2. On June 4, 2010, agents of the Commission's Philadelphia Office
monitored radio transmission activity emanating from the antenna
structure # 1046134, located at 800 Massachusetts Avenue, Lakewood,
New Jersey. On June 4, 2010, the FCC agents conducted an inspection of
the radio transmitting equipment located at 11 Irons Street, Toms
River, New Jersey. During both times, the agents observed the
following violation:
47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service 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: "The holding of an
authorization does not create any rights beyond the terms, conditions and
period specified in the authorization." On June 4, 2010, the agents
observed that Point Bay Fuel was operating radio transmitting equipment on
the unauthorized frequency 451.725 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Point Bay Fuel,
Inc. 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 Point Bay Fuel, Inc.. 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 Point Bay Fuel, Inc. 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
Gene J. Stanbro
District Director
Philadelphia 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