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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

    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

    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.


   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


                       Federal Communications Commission