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

In the Matter of                )
Valero Refining Company-NJ      )         File No.     EB-04-PA-
Paulsboro, New Jersey           )         
                                )         NOV No. V20043240014
Attention: Patrick Donnelly     )

                       NOTICE OF VIOLATION

                                             Released:  April 20, 

By the District Director, Philadelphia Office, Enforcement 

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Valero Refining Company-NJ (``Valero'').  

  2.      On  April  13,  2004,  an  agent  of  the  Commission's 
     Philadelphia   Office   investigated    a   harmful    radio 
     interference   problem   affecting   the   licensed    radio 
     communications  of  Swarthmore  College  on  the   frequency 
     461.025 MHz.   The Philadelphia  Office found  that the  GPS 
     Surveyor System that Valero was operating at its  Paulsboro, 
     New  Jersey   site  was   the  source   of  the   co-channel 
     interference   to    Swarthmore   College.     During    the 
     investigation,  the  Philadelphia  Office  also  found  that 
     Valero was in violation of the following:  

  2.a.      47  C.F.R.   90.137(b):   ``When  any  unit  or 
            units of a  base station or fixed station  which 
            are  authorized  for  operations  at   temporary 
            locations  actually remain  or are  intended  to 
            remain  at the  same location  for more  than  1 
            year,    an   application    for   a    separate 
            authorization  specifying  the  fixed   location 
            shall  be made  as  soon as  possible,  but  not 
            later than 30  days after the expiration of  the 
            1 year  period.''  Valero has  been operating  a 
            GSP Surveyor  System at  800 Billingsport  Road, 
            Paulsboro, New  Jersey for more  than one  year.  
            However,  the license  WPVR276  only  authorizes 
            Valero   to  operate   the  radio   transmitting 
            equipment  at  locations  in  New  Jersey  on  a 
            temporary    basis.     Valero    must    obtain 
            authorization to operate the radio  transmitting 
            equipment at the fixed location.  
  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-NJ,  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  actions 
     taken to correct each violation and preclude recurrence, and 
     should  include  a  time  line  for  completion  of  pending 
     corrective actions.  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-
     NJ,  Attn:   Patrick   Donnelly,  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 

                                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.