Click here for Adobe Acrobat version
Click here for Microsoft Word version

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                )
Horizon Communications          )            File  No.  EB-04-NY-
Licensee of Radio Station WPQA258            )    
Cliffside Park, NJ              )            NOV No. V20053238001

                       NOTICE OF VIOLATION

                                             Released:  October 
7, 2004

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

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Horizon  Communications  (``Horizon''),  licensee  of  radio 
     station WPQA258.

  2.      On September 22, 2004, an agent of the Commission's New 
     York Office inspected radio station, WPQA258, located at Mt. 
     Vernon, New York, and observed 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...''  In  this connection, licensees  shall 
            exercise  such  direction  and  control  as   to 
            assure that  the transmitter  is being  operated 
            in   a    permissible   manner.    During    the 
            inspection,  it was  determined that  a  control 
            point  location  was established  from  155  Mt. 
            Vernon Avenue,  Mt. Vernon, NY  10550, which  is 
            not specified on your station license.

  2.b.      47  C.F.R.    90.425(a):  ``Each  station   and 
            system shall  be identified by the  transmission 
            of   the   assigned  call   sign   during   each 
            transmission  or exchange  of transmissions,  or 
            once each 15  minutes (30 minutes in the  Public 
            Safety  Pool)   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  section.''    Horizon 
            failed to identify  its radio station once  each 
            15  minutes  by the  transmission  of  the  call 
            sign, WPQA258. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Horizon., 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 Horizon  Communications, 
     P.O. Box 387, Cliffside Park, NJ 07010.

  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 

                                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.