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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Washington, County of ) File No.: EB-FIELDNER-13-00011729

   Licensee of Station WPNP403 ) NOV No.: V201432400004

   Washington, Pennsylvania )

   )

                              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 WPNP403 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 WPNP403 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 WPNP403 authorized Washington County
   to operate repeater stations (FB2) on the frequency 151.4300 MHz for its
   county fire dispatch zone-1 at the following locations in Washington,
   Pennsylvania:

   Station Frequency (MHz) Authorized Location Coordinates

   WPNP403 151.4300 40o 07' 53.3" N and 080 o 14' 30.2" W
   WPNP403 151.4300 40o 05' 16.3" N and 080 o 04' 16.2" W
   WPNP403 151.4300 40o 14' 05.3" N and 080 o 11' 18.2" W
   WPNP403 151.4300 40o 10' 12.3" N and 080 o 14' 50.2" W



   The agents found Station WPNP403 operating on this frequency at the
   following unauthorized locations:

   Station Frequency (MHz) Unauthorized Location Coordinates

   WPNP403 151.4300 40o 07' 8.39" N and 080 o 25' 15.6" W
   WPNP403 151.4300 40o 10' 19.19" N and 080 o 13' 8.39" W



    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 Washington, County Of 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).

   ^ 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