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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Joslyn Gordon                   )            File  No.  EB-03-NY-
057
Licensee of Radio Station WPTH937            )    
Brooklyn, NY                    )            NOV No. V20033238001



                       NOTICE OF VIOLATION

                                             Released:  September 
3, 2003

By the District Director, New York, Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Joslyn Gordon, licensee of radio station WPTH937.

  2.      On August 28, 2003, agents of the Commission's New York 
     Office  inspected   radio  station,   WPTH937,  located   at 
     Brooklyn, New York, and observed the following violation(s):

  2.a.      47  C.F.R. §90.403(a)(2):  ``licensees of  radio 
            stations  in  the  private  land  mobile   radio 
            services shall  be directly responsible for  the 
            proper  operation and  use of  each  transmitter 
            for   which   they  are   licensed.    In   this 
            connection,   licensees  shall   exercise   such 
            direction and control as is necessary to  assure 
            that  all  authorized  facilities  are  employed 
            only  in a  permissible manner.''   The  station 
            was operating  with effective radiated power  of 
            267  watts  which is  in  excess  of  the  power 
            stated in the station license. 

  2.b.      47  C.F.R. §90.403(a)(2):  ``licensees of  radio 
            stations  in  the  private  land  mobile   radio 
            services shall  be directly responsible for  the 
            proper  operation and  use of  each  transmitter 
            for   which   they  are   licensed.    In   this 
            connection,   licensees  shall   exercise   such 
            direction and control as is necessary to  assure 
            that  all  authorized  facilities  are  employed 
            only  in a  permissible manner.''   The  station 
            had in operation  mobile units in excess of  the 
            maximum 20  mobile units stated  in the  station 
            license.  

  2.c.      47  C.F.R.  §90.425(a):   ``...Each  station  or 
            system shall  be identified by the  transmission 
            of   the   assigned  call   sign   during   each 
            transmission  or exchange  of transmissions,  or 
            once   each  15   minutes  during   periods   of 
            continuous operation.   The call  sign shall  be 
            transmitted by voice in the English language  or 
            by International  Morse Code in accordance  with 
            paragraph  (b) of  this session.''   During  the 
            times  of  monitoring, it  was  noted  that  the 
            station   did    not   transmit   the    station 
            identification.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Joslyn  Gordon,  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 owner 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
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY 10014


  4.      This Notice shall be sent  to Joslyn Gordon, 264A  Troy 
     Avenue, Brooklyn, NY 11213.

  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




                                Daniel W. Noel
                                District Director
                                New York 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.