Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Valero Refining Company ) File No. EB-03-
PA-132
Licensee of Radio Station WPVR276 )
Paulsboro, New Jersey ) NOV No.
V20033240003
)
NOTICE OF VIOLATION
Released: August
19, 2003
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Valero Refining Company, the licensee of radio station
WPVR276.
2. On August 5, 2003 at 10:30 a.m., an agent of the
Commission's Philadelphia Office inspected radio station
WPVR276 at 800 Billingsport Road, Paulsboro, New Jersey and
observed the following violation:
47 C.F.R. § 1.903(a): ``Stations in the Wireless
Radio Service 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''. The
license for station WPVR276 authorizes Valero to
operate GPS radio transmitting equipment on the
frequencies 461.025 MHz, 461.075 MHz, 462.125 MHz,
and 462.375 MHz at any temporary location within New
Jersey. However, Valero was operating the GPS radio
transmitting equipment on the unauthorized frequency
464.625 MHz.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Valero Refining Company must submit a written
statement concerning this matter within 20 days of release
of this Notice. The response must fully explain each
violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. 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
4. This Notice shall be sent to Valero Refining Company,
800 Billingsport Road, Paulsboro, New Jersey 08066.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
John E. Rahtes
District Director
Philadelphia Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.