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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
J Marlin Ernst & Sons, Inc. ) File No. EB-07-PA-044
)
Licensee of Radio Station WQAS647 ) NOV No. V20073240008
)
Orwigsburg, PA )
)
NOTICE OF VIOLATION
Released: March 08, 2007
By the District Director, Philadelphia 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 J Marlin Ernst & Sons, Inc. ("J
Marlin"), the licensee of Private Land Mobile Radio Service station
WQAS647 in Summit Station, Pennsylvania.
2. On January 10, 2007, an agent of the Commission's Philadelphia Office
inspected station WQAS647 in Summit Station, Pennsylvania and observed
the following violation:
47 C.F.R. S 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,
except as specified in paragraph (b) of this section." J Marlin is
operating its station at the coordinates 40-o 31' 47" N latitude 076-o 12'
33" in Summit Station, Pennsylvania, which is an unauthorized location.
The license for station WQAS647 specifies that J Marlin must operate its
radio station at coordinates 40-o 31' 51" W latitude and 076-o 12' 07" W
longitude in Summit Station, Pennsylvania.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, J Marlin Ernst &
Sons, 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
principal or officer of the licensee. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to J Marlin Ernst & Sons, 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
Gene Stanbro
District Director
Philadelphia District 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