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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Town of Hammonton ) File No.: EB-FIELDNER-13-00011952

   Licensee of Station WPLX249 )

   ) NOV No.: V201432400001

   Hammonton, New Jersey )

   )

   )

                              NOTICE OF VIOLATION

   Released: November 13, 2013

   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 (Rules)^ to the Town of Hammonton
       (Hammonton), licensee of Private Land Mobile Radio Station WPLX249 in
       Hammonton, 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 October 18, 2013, in response to a complaint, agents of the
       Enforcement Bureau's Philadelphia Office inspected Station WPLX249 and
       observed the following violation:

   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." According to the
   license for Station WPLX249, Hammonton is authorized to operate a repeater
   (FB2) on the frequency 155.550 MHz at the coordinates 39-32-01.4 N /
   074-40-58.6 W. The agents found the station operating on this frequency at
   the coordinates 39-38-09.2 N / 074-48-03.85 W, which is approximately nine
   miles from the authorized location.^

    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, Hammonton 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 Hammonton to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer or
       official of Hammonton with personal knowledge of the representations
       provided in Hammonton'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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to the Town of Hammonton 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

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ The address specified on the license for Station WPLX249 for the
   authorized transmitter location is 4th Street, Hammonton, New Jersey.
   However, this address does not correspond to the coordinates 39-32-01.4 N
   / 074-40-58.6 W specified on the license for the authorized transmitter
   location. Hammonton must correct the discrepancies that exist between the
   coordinates and the address specified on the license and the address and
   coordinates of the actual transmitter location.

   ^ 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

   3

                       Federal Communications Commission