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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
William A. Chapman ) File No. EB-04-PA-
097
)
Feasterville, Pennsylvania )
) NOV No. V20043240015
)
NOTICE OF VIOLATION
Released: July 2,
2004
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
William A. Chapman, the licensee of Amateur Radio Service
Station KB3IXS.
2. On June 2, 2004, between 7:30 p.m. and 8:45 p.m., an
agent of the Commission's Philadelphia Office used direction
finding techniques to determine that Chapman operated radio
transmitting equipment on the frequency 146.550 MHz from 152
East Myrtle Avenue, Feasterville, Pennsylvania 19053. The
FCC agent monitored Chapman's radio communications and
observed that Chapman was in violation of the following:
2.a. 47 C.F.R. § 97.119(a): ``Each amateur station,
except a space station or telecommand station,
must transmit its assigned call sign on its
transmitting channel at the end of each
communication, and at least every 10 minutes
during a communication, for the purpose of
clearly marking the source of the transmissions
from the station known to those receiving the
transmissions. No station may transmit
unidentified communications or signals, or
transmit as the station call sign, any call
sign not authorized to that station. On June
2, 2004 between 7:30 p.m. and 8:45 p.m.,
Chapman failed to transmit his amateur radio
service call sign KB3IXS every 10 minutes on
the frequency 146.55 MHz during his
communication with other radio operators.
2.b. 47 C.F.R. § 97.113(a): ``No amateur station
shall transmit...obscene or indecent words or
language...'' On June 2, 2004 at 7:50 p.m.,
Chapman transmitted the word ``shit'' on the
frequency 146.55 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, William A. Chapman 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 William A. Chapman, 152
East Myrtle Avenue, Feasterville, Pennsylvania 19053.
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.