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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Richcrete Industries DBA Silvi Concrete of ) File No.:
   EB-FIELDNER-13-00011366

   Atlantic City, Inc. )

   Licensee of Radio Station WQAW412 )

   Fairless Hills, Pennsylvania ) NOV No.: V201432380003

                              NOTICE OF VIOLATION

                                                 Released:  November 27, 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 Richcrete Industries DBA Silvi
       Concrete of Atlantic City, Inc. ( Richcrete), licensee of Private Land
       Mobile Station WQAW412 in Fairless Hill, 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 19, 2013, and October 23, 2013, in response to a
       complaint of interference from the Police Department of East Windsor
       Township, an agent of the Enforcement Bureau's New York Office
       inspected Station WQAW412 in Clarksburg, New Jersey, and observed the
       following violation:

   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." On September 19, 2013, the agent found that Richcrete's
   transmitter that was authorized to operate on 153.1925 MHz was generating
   spurious emissions on 153.74 MHz, which is licensed to the Police
   Department of East Windsor Township. On October 23, 2013, the agent
   returned and found that Richcrete's transmitter, which was operating on
   its alternative frequency of 153.725 MHz, was still generating spurious
   emissions on 153.74 MHz.

    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, Richcrete 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 Richcrete to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Richcrete with personal knowledge of the representations provided in
       the Richcrete'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 Richcrete Industries DBA Silvi Concrete
       of Atlantic City, Inc., 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