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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Carteret Office of Emergency Management ) File No.:
   EB-FIELDNER-13-00007504

   Licensee of Station WQBU877 )

   Carteret, NJ ) NOV No.: V201332380004

                              NOTICE OF VIOLATION

                                                   Released:  March  25, 2013

   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 (Rules)^ to Carteret Office of Emergency
       Management, licensee of Private Land Mobile Station WQBU877 in
       Carteret, New Jersey. Pursuant to Section 1.89(a) of the Rules,
       issuance of this Notice does not preclude the Enforcement Bureau from
       further action if warranted, including issuing a Notice of Apparent
       Liability for Forfeiture for the violation noted herein.^

    2. On March 5, 2013, an agent of the Enforcement Bureau's New York Office
       inspected Station WQBU877 in Carteret, New Jersey, and observed the
       following violation:

   47 C.F.R. S 1.903(a): "General rule. 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, the agent found Carteret Office of Emergency
   Management transmitting from the approximate geographic location of
   40DEG35'12.0"N latitude, 074DEG14'34.0"W longitude. The license for
   WQBU877 authorizes the geographic location of 40DEG35'07.0"N,
   074DEG13'02.0"W and transmitting from any other location is not permitted
   by Station WQBU877's authorization.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Carteret Office of Emergency Management, must submit a
       written statement concerning this matter within twenty (20) days of
       release of this Notice. The response (i) must fully explain each
       violation, including all relevant surrounding facts and circumstances,
       (ii) must contain a statement of the specific action(s) taken to
       correct each violation and preclude recurrence, and (iii) must include
       a time line for completion of any pending corrective action(s). The
       response must be complete in itself and must not be abbreviated by
       reference to other communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Carteret
       Office of Emergency Management to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Carteret Office of Emergency
       Management with personal knowledge of the representations provided in
       the Carteret Office of Emergency Management's response, verifying the
       truth and accuracy of the information therein,^ and confirming that
       all of the information requested by this Notice which is in the
       licensee's possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

    6. This Notice shall be sent to Carteret Office of Emergency Management
       at its address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen Maguire

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   2

                       Federal Communications Commission