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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   ESL Federal Credit Union ) Case No. EB-FIEDLNER-12-00001281

   Licensee of Radio Station WQKT562 ) NOV No. V201232400036

   Rochester, New York )

   )

   )

                              NOTICE OF VIOLATION

   Released: April 27, 2012

   By the Acting 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 ESL Federal Credit Union, the licensee of
       Land Mobile Radio Service Station WQKT562 in Rochester, New York.

    2. On March 21, 2012, in response to an interference complaint, agents of
       the Commission's Philadelphia Office monitored Station WQKT562 located
       at 225 Chestnut Street, Rochester, New York and observed the following
       violations:

     a. 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. If the station is employing either analog or digital voice
        scrambling, or non-voice emission, transmission of the required
        identification shall be in the unscrambled mode using A3E, F3E or G3E
        emissions, or International Morse, with all encoding disabled."  On
        March 21, 2012, the agents monitored the frequency 452.750 MHz 
        between 2:15 p.m. and 2:45 p.m. and between 9:00 and 9:30 p.m. and
        observed that Station WQKT562 did not transmit the assigned call
        sign.

     b. 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, ESL Federal Credit Union was transmitting
        narrowband digital emissions on the frequency 452.750 MHz using a
        Motorola Turbo transmitter. The license for station WQKT562 only
        authorizes FM analog telephony emissions (F3E) on the frequency
        452.750 MHz.

     c. 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." At the time of the investigation, the agents observed
        that Station WQKT562 was transmitting a digitally modulated signal
        every 60 seconds on the frequency 452.750 MHz, which created the
        potential for interference to other co-channel licensees.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's rules, ESL Federal
       Credit Union 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 licensee. 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 ESL Federal Credit Union 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

   David C. Dombrowski

   Acting 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

   3

                       Federal Communications Commission