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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Borough of Atlantic Highlands ) File No. EB-11-NY-0036

   Licensee of Radio Service Station WQCT450 )

   Atlantic Highlands, New Jersey ) NOV No. V201132380006

                              NOTICE OF VIOLATION

   Released: March 16, 2011

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the

   Commission's Rules to Borough of Atlantic Highlands ("Atlantic
   Highlands"), licensee of land mobile station WQCT450, Atlantic Highlands,
   New Jersey.

    2. On March 2 and 3, 2011, in response to an interference complaint from
       a public

   safety entity, agents of the Commission's New York Office monitored and
   inspected Land Mobile Station WQCT450 located at Observatory Place,
   Atlantic Highlands, NJ 07716, and observed the following violations:

   a. 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, except as specified in paragraph (b) of this section." At the

   time of inspection, Atlantic Highlands was transmitting digital emissions

   on the frequency 154.815 MHz. The license for station WQCT450 only

   authorizes FM analog telephony emissions (F3E) on the frequency

   154.815 MHz.

   b. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions to
   avoid causing harmful interference. This includes monitoring the
   transmitting frequency for communications in progress and such other
   measures as may be necessary to minimize the potential for causing
   interference." On March 2 and 3, 2011, an agent determined that Atlantic
   Highlands transmitter was transmitting radio transmissions on the
   frequency 154.815 MHz while other transmissions on the same frequency were
   already in progress.

   c. 47 C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
   (e) of this section, each station or system shall be identified by the
   transmission of the assigned call sign during each transmission or
   exchange of transmissions, or once each 15 minutes (30 minutes in the
   Public Safety Pool) during periods of continuous operation. The call sign
   shall be transmitted by voice in the English language or by International
   Morse Code in accordance with paragraph (b) of this section." On March 2,
   2011, between 1:00 p.m. and 3:30 p.m., and on March 3, 2011, between 10:30
   a.m. and 12:30 p.m., Atlantic Highlands did not transmit its call sign
   identification WQCT450 on the frequency 154.815  MHz.

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

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Atlantic Highlands at its 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.


   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(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