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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wendel Duchscherer Architects and Engineers PC ) File No. EB-06-BF-145
)
Lockport, New York ) NOV No. V20073228002
NOTICE OF VIOLATION
Released: January 9, 2007
By the Resident Agent, Buffalo 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 Wendel Duchscherer Architects and
Engineers PC ("Wendel Duchscherer"), licensee of land mobile station
WPKJ435.
2. On December 19, 2006 an agent of the Commission's Buffalo Office
investigated a complaint of harmful interference to the Williamsville,
New York Central School District radio system on the frequency of
464.6 MHz. The agent observed the following violation :
47 C.F.R. S 1.903(b): "The holding of an authorization does not create any
rights beyond the terms, conditions and period specified in the
authorization." Wendel Duchscherer Architects and Engineers PC is
authorized to operate on frequency 464.6 MHz in the area south of line A.
The agent determined that Wendel Duchscherer was operating on 464.6 MHz
near the intersection of Grand Island Blvd and River Road in North
Tonawanda, New York. This location is approximately 61 miles north of Line
A.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Wendel
Duchscherer Architects and Engineers PC 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 principal or officer of Wendel
Duchscherer Architects and Engineers PC. 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
Buffalo Office
1307 Federal Building
Buffalo, New York 14202
4. This Notice shall be sent to Wendel Duchscherer Architects and
Engineers PC 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
David A. Viglione
Resident Agent
Buffalo 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