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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   County of Kent ) File No. EB-07-PA-182

   Licensee of Radio Station WPSE489 )

   Milford, Delaware ) NOV No. V20073240013



                              NOTICE OF VIOLATION

   Released: July 17, 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 County of Kent ("Kent County") the
       licensee of Private Mobile Radio Service Station WPSE489 in Milford,

    2. On June 19, 2007, the Philadelphia Office received a complaint from
       Monroe County Control Center ("Monroe County"), the licensee of
       stations WNXP562 in Long Pond, Pennsylvania and WPEP951 in Jackson
       Township, Pennsylvania. Monroe County alleged that data signals from
       an unidentified Supervisory Control and Data Acquisition ("SCADA")
       system on the frequencies 465.150 MHz and 465.425 MHz were causing
       harmful interference to Monroe County's radio communications. On June
       27, 2007, agents of the Commission's Philadelphia Office monitored the
       data transmissions from station WPSE489 and observed the following

   47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions to
   avoid causing harmful interference. This includes monitoring the
   transmitting frequency for communications in progress and such other
   measures as may be necessary to minimize the potential fro causing
   interference." Kent County's operation of Fixed Relay Stations (FX2) in
   Milford, Delaware on the frequencies 465.150 MHz and 465.425 MHz is
   causing harmful co-channel interference to Monroe County Land Mobile Radio
   Service stations WPEP591 in Jackson Township, Pennsylvania and WNXP562 in
   Long Pond, Pennsylvania. Kent County's operation of Fixed Relay Stations
   on the frequencies 465.150 MHz and 465.425 MHz is on a secondary basis.
   Therefore, Kent County cannot cause harmful interference to operations
   authorized on a primary basis, including the operations of Monroe County.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, the County of
       Kent, 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 the County of Kent at its address of

    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.


   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   The Philadelphia Office had previously received a similar complaint from
   Monroe County on November 16, 2004.

   47 C.F.R. S: 90.245 specifies that fixed relays are authorized to only
   operate on frequencies available for use by operational fixed stations. 47
   C.F.R. S: 90.261 specifies that frequencies in the 450-470 MHz band may be
   used for fixed use on a secondary basis. Because frequencies 465.150 MHz
   and 465.425 MHz are not listed under Section 90.261(f), they are
   authorized to use these frequencies fixed operations only on a secondary

   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