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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SI 2way, Inc. ) File No. EB-06-NY-050
Licensee of Radio Station WPYX216 )
Staten Island, NY ) NOV No. V20063238025
NOTICE OF VIOLATION
Released: April 25, 2006
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, to SI 2way, Inc., licensee of radio
station WPYX216, Staten Island, New York.
2. On April 5, 2006, in response to an interference complaint from a
licensee, agents of the Commission's New York Office inspected radio
station WPYX216, located at 700 Victory Boulevard, Staten Island, New
York and observed the following violations:
a. 47 C.F.R. S 90.210(b)(3): "For transmitters that are equipped with an
audio low-pass filter, the power of any emission must be attenuated
below the unmodulated carrier power (P) as follows: On any frequency
removed from the assigned frequency by more than 250 percent of the
authorized bandwidth: At least 43 + 10 log (P) dB." The emissions on
frequency 473.475 MHz from station WPYX216 exceeded the emission mask
limits by 54 dB.
b. 47 C.F.R. S 90.425(a): "Except as provided for in paragraphs (d) and
(e) of this section, each station or 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...." On April 4, 2006 between 10:00 a.m. and 5:30 p.m., SI
2way, Inc. did not transmit its call sign identification.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, SI 2way, Inc.
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 prinicipal or
officer of SI 2way, Inc. 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 SI 2way, Inc. at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission