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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

    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

    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

    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.


   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


                       Federal Communications Commission