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                )
Town of Ware                    )            File  No.  EB-04-BS-
Licensee of Radio Station WPUF 267           )    
Ware Fire Department            )            NOV              No.  
Ware, MA                        )
Attention: Chief Thomas W. Coulombe,    )

                       NOTICE OF VIOLATION

                                             Released:  January 
31, 2005

By the District Director, Boston Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to Town 
     of Ware (Ware  Fire Department), licensee  of radio  station 
     WPUF 267.

  2.      On December  2,  2004,  an agent  of  the  Commission's 
     Boston Office investigated a complaint of interference  from 
     Hamden Police  Department,  Hamden, MA  to  their  frequency 
     153.9125 MHz and  inspected radio station  WPUF 267  (153.92 
     MHz) located at  Ware Fire  Department 1  East Main  Street, 
     Ware, MA, and observed the following violation(s):

  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.'' 

            1.  The agent  found  the Ware  Fire  Department 
            operating  the   radio  station  as  a   control 
            station on frequency 150.805 MHz at 1 East  Main 
            Street. The  station authorization provides  for 
            the operation of a mobile relay station. 

            2.  The   agent  determined   the  station   was 
            operating  paging  attention  tones  beyond  the 
            authorized bandwidth  (11K2F3E) from the  mobile 
            relay station  located at  268 Belchertown  Road 
            Ware,  MA and  causing harmful  interference  to 
            the Hamden Police radio station (WPRI 633). 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Town  of  Ware,  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  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
                 1 Batterymarch Park
                 Quincy, MA  02169-7454

  4.      This Notice shall be sent to Town of Ware, 1 East  Main 
     Street, Ware, MA 01082.

  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 

                                Dennis V. Loria
                                District Director
                                Boston 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.