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

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                )
                                )
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.