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


In the Matter of                )
                                )
Brentwood Borough School District            )    File No. EB-04-
PA-149
                                )
Radio Station WPMV484           )
                                )
Brentwood, Pennsylvania         )            NOV              No.  
V20043240016
                                )


                       NOTICE OF VIOLATION

                                             Released:  September 
30, 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  the 
     Brentwood  Borough  School  District  (``Brentwood''),   the 
     licensee of station WPMV484.  

  2.      On September  17, 2004,  an agent  of the  Commission's 
     Philadelphia  Office   inspected  the   radio   transmitting 
     equipment at  the  Brentwood  Borough  Middle  School,  3601 
     Brownsville Road,  Pittsburgh, Pennsylvania  15227.   During 
     the inspection, the FCC agent found the following violation:

2.a.      47 C.F.R. § 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.''  Brentwood was operating a base station 
          and handheld  radios  on the  frequencies  464.500 
          MHz, 469.500  MHz, 464.550  MHz and  469.550  MHz.  
          However, the  license  for  station  WPMV484  only 
          authorized the operation  of mobile  units on  the 
          frequencies 451.3125 MHz,  451.5125 MHz,  451.7125 
          MHz and 452.0625 MHz.  Consequently, Brentwood was 
          operating the base  station without  authorization 
          and operating on unauthorized frequencies.        
 
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Brentwood  Borough  School  District  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 the  Brentwood  Borough 
     School  District,  Attn.   Dr.  Larry  Kushner,   Principal, 
     Brentwood Middle School, 3601 Brownsville Road,  Pittsburgh, 
     Pennsylvania 15227.  

  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.