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

In the Matter of                )
PSEG Fossil, LLC.               )            File  No.  EB-04-NY-
Licensee of Radio Station KA90241            )    
Linden, NJ                      )            NOV No. V20053238002

                       NOTICE OF VIOLATION

                                             Released:  October 
13, 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 PSEG 
     Fossil, LLC. (``PSEG''), licensee of radio station KA90241.

  2.      On October 6,  2004, an agent  of the Commission's  New 
     York Office  inspected radio  station, KA90241,  located  at 
     4001 South Wood Avenue, Linden,  NJ 07036, and observed  the 
     following violations:

     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.''  At  the  time  of  the 
               investigation,  it  was  determined  that   a 
               repeater station was operating on a frequency 
               of 456.175 MHz, whereas your station  license 
               specifies mobile  operation on  451.1625  MHz 
               and 456.1625 MHz.

     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.''  PSEG failed to identify its radio 
               station  once   each   15  minutes   by   the 
               transmission of the call sign, KA90241. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, PSEG  Fossil, LLC.  must submit  a written  statement 
     concerning this matter within twenty (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 
     licensee.  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  PSEG Fossil, LLC.,  4001 
     South Wood Avenue, Linden, NJ 07036.  

  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
                                Northeast Region
                                Enforcement Bureau


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.