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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
John H. Romano                  )            File No.   EB-05-NY-
Licensee of Amateur Radio Station N2NSA      )    NOV         No.  
Far Rockaway, New York          )

              5.                  NOTICE OF VIOLATION

                                             Released:  November 
9, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89  of  the Commission's  Rules,1  to John  H.  Romano, 
licensee of amateur radio station N2NSA.

     On October  6,  2005,  in connection  with  a  complaint  of 
interference to the aviation band, agents of the Commission's New 
York Office inspected your radio station located at Far Rockaway, 
NY  and observed the following violation:

          47  C.F.R.    97.307(e):   ``The  mean  power  of  any 
     spurious emission from a station transmitter or external  RF 
     power amplifier transmitting on  a frequency between  30-225 
     MHz must  be at  least 60  dB below  the mean  power of  the 
     fundamental.  For a transmitter having a mean power of 25  W 
     or less, the mean power of any spurious emission supplied to 
     the antenna transmission line must not exceed 25 ?W and must 
     be at least 40  dB below the mean  power of the  fundamental 
     emission, but  need not  be reduced  below the  power of  10 
     ?W.''   During  the  inspection,  agents  detected  spurious 
     emissions on 125.7  MHz emanating from  your station,  which 
     were  measured  at  9  dB  below  the  mean  power  of   the 
     fundamental  frequency  of  145.05   MHz.   As  an   amateur 
     licensee,  Section  97.307(c)  of  the  Commission's   rules 
     requires that you take steps to eliminate the  interference, 
     in accordance  with  good engineering  practice.''   See  47 
     C.F.R.  97.307(c).

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
John H. Romano  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 John  H. Romano.   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

     This Notice shall be sent to  John H. Romano at his  address 
of record.

     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.