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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mountaineer Challenge Academy. ) File No. EB-06-CF-253
Licensee of Radio Station WPMC659 )
) NOV No. V20073234004
Kingwood, WV )
)
)
NOTICE OF VIOLATION
(Corrected Copy)
Released: May 3, 2007
By the District Director, Columbia 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 Mountaineer Challenge Academy,
licensee of private land mobile station WPMC659 in Kingwood, West
Virginia.
2. On April 16, 2007, agents of the Commission's Columbia Office
investigated a complaint of harmful interference to a radio system
operated by S&S Transit in Pittsburgh, PA on the frequency 152.315 MHz
and 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." Under the terms of the license for station WPMC659,
Mountaineer Challenge Academy is authorized to operate on the frequency
151.625 MHz in Kingwood, WV. The agents determined that radios were being
operated on frequencies 152.315 MHz and 157.575 MHz in Kingwood, WV.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Mountaineer
Challenge Academy 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 Mountaineer Challenge Academy. 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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to Mountaineer Challenge Academy 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
James T. Higgins
District Director
Columbia 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