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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Township of Elizabeth ) File No.: EB-FIELDNER-14-00012972

   )

   Licensee of Station KXQ738 ) NOV No.: V201432400009

   )

   Buena Vista, Pennsylvania )

   )

                              NOTICE OF VIOLATION

   Released: January 16, 2014

   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 Township of Elizabeth (Elizabeth
       Township), licensee of Private Land Mobile Radio Station KXQ738 in
       Buena Vista, 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 violations noted herein.^

    2. On December 18, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected the repeater system for Elizabeth Township's
       maintenance department that was located on Enterprise Lane in
       Elizabeth Township, 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." On December 18,
   2013, agents from the Philadelphia Office observed Elizabeth Township
   operating a fixed-repeater station located near the coordinates 40'0 ^ 16'
   47" North Latitude, 79'0 50' 23" West Longitude and utilizing repeater
   output frequency 472.4875 MHz and repeater input frequency 475.4875 MHz.
   Elizabeth Township does not hold a valid FCC license to operate at this
   location or on these frequencies.^

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

   ^ FCC license WQOP687 was issued to Elizabeth Township on December 12,
   2011. WQOP687 authorized a fixed-repeater site at the coordinates 40'0 26'
   10" North Latitude, 80'0 1' 6" West Longitude, with repeater output
   frequency 472.4875 MHz and repeater input frequency 475.4875 MHz. However,
   this license expired on December 12, 2012 and therefore no longer
   authorizes Elizabeth Township to operate at that location or on those
   frequencies.

   ^ 47 U.S.C. S 403.

   ^ 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