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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-
249
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
COMMISSION
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.