Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Washington, County of ) File No.: EB-FIELDNER-13-00011372

   Licensee of Station KGF358 ) File No.: EB-FIELDNER-13-00011373

   Washington, Pennsylvania ) NOV No.: V201432400003



                              NOTICE OF VIOLATION

   Released: November  27, 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 County of Washington,
       licensee of Private Land Mobile Radio Station KGF358 in Washington,
       Pennsylvania. 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 September 12, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected Station KGF358 in Washington, Pennsylvania 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." At the time of the
   inspection, the license for Station KGF358 authorized Washington County to
   operate repeater stations (FB2) on the frequencies 151.0625 MHz and
   151.3475 MHz for its county fire dispatch zone-2 and zone-3 at the
   coordinates 40^o 10' 13.3" North Latitude 080 ^ o  14' 45.2" West
   Longitude in Washington, Pennsylvania. The agents found Station KGF358
   operating on these frequencies from the following unauthorized locations:

   Station County Fire Dispatch Zone Frequency (MHz) Unauthorized Location
   Coordinates Distance From Authorized Location (miles)

   KGF358 2 151.0625 40o 21' 10.8" N 080 o 17' 13.2" W 12.787
   KGF358 2 151.0625 40o 25' 1.2" N 080 o 21' 28.8" W 18.019
   KGF358 2 151.0625 40o 14' 5.99" N 080 o 11' 16.8" W 5.410
   KGF358 3 151.3475 40o 04' 37.2" N 079 o 53' 9.6" W 20.121
   KGF358 3 151.3475 40o 10' 51.59" N 079 o 52' 22.8" W 19.749
   KGF358 3 151.3475 40o 05' 16.8" N 080 o 04' 15.59" W 10.867
   KGF358 3 151.3475 39o 59' 41.99" N 079 o 59' 20.4" W 18.214

    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 violation and any remedial actions taken.
       Therefore, Washington County 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 Washington
       County to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Washington County with personal knowledge of the
       representations provided in Washington County'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 County of Washington 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.


   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).

   ^ 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


                       Federal Communications Commission