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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Electronic Systems Company, Inc. ) File No. EB-
04-PA-167
)
Station KB78718 ) NOV No. V20053240003
)
Allentown, Pennsylvania )
)
NOTICE OF VIOLATION
Released: November
15, 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
Electronic Systems Company, Inc. (``Electronic Systems''),
the licensee of station KB78718.
2. On October 28, 2004, an agent with the Commission's
Philadelphia Office inspected the radio transmitting
equipment that Electronic Systems operated on the frequency
467.875 MHz at 2490 Schoenersville Road, Allentown,
Pennsylvania 18109. During the inspection, the Philadelphia
Office found that Electronic Systems was in violation of the
following:
47 C.F.R. § 90.35(c)(11): ``Operation on this
frequency is limited to a maximum output power of 2
Watts and each station authorized will be classified
and licensed as a mobile station. Any units of such
a station, however, may provide the operational
functions of a base or fixed station on a secondary
basis to mobile service operations, provided, that
the separation between the control point and the
center of the radiating portion of the antenna of
any units so used does not exceed 8 m (25 feet)''
Electronic Systems operated a fixed radio
transmitter on the frequency 467.875 MHz that
exceeded the 2 Watts maximum output power limit.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Electronic Systems Company, Inc. 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. Failure to respond to this Notice constitutes a
separate violation that could result in additional
penalties, including monetary forfeiture.
5. This Notice shall be sent to Electronic Systems
Company, Inc., Attn: Nicholas Begovich, 2490 Schoenersville
Road Allentown, Pennsylvania 18109.
6. 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.