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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Township of Montclair ) File No. EB-07-NY-252

   Licensee of Radio Station KEB238 )

   Montclair, New Jersey ) NOV No. V20073238044



                              NOTICE OF VIOLATION

   Released: August 8, 2007

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Township of Montclair ("Montclair")
       the licensee of land mobile radio station KEB238 in Montclair, New

    2. On July 17, 2007, the New York Office received a complaint from the
       Village of Scarsdale, Scarsdale, New York ("Scarsdale"), the licensee
       of station WPCV667. Scarsdale reported that a constant carrier was
       causing harmful interference to Scarsdale's radio communications on
       frequency 158.790 MHz. On July 17, 2007, an agent determined that the
       constant carrier was being transmitted from Montclair's transmitter at
       Crestmore Drive in Montclair, NJ. On July 19, 2007 the agent conducted
       an inspection of Station KEB238. The investigation identified the
       following violations:

        a. 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 for causing interference." On July 17, 2007,
           Montclair's transmitter on 158.790 MHz was transmitting an
           un-modulated constant carrier causing harmful co-channel
           interference to the Scarsdale station WPVC667.

        b. 47 C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d)
           and (e) of this section, each station or system shall be
           identified by the transmission of the assigned call sign during
           each transmission or exchange of transmissions, or once each 15
           minutes (30 minutes in the Public Safety Pool) during periods of
           continuous operation. The call sign shall be transmitted by voice
           in the English language or by International Morse Code in
           accordance with paragraph (b) of this section...." An agent
           monitored the un-modulated carrier being transmitted from
           Montclair's Crestmont road site on 158.790 MHz from 3:30 pm until
           8:30 pm and did not hear a transmission of an assigned callsign.

        c. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service
           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...." According to the license for station
           KEB238, Montclair is authorized to operate from location Crestmont
           Road on the frequency 158.795 MHz. At the time of the inspection,
           the agent observed Township of Montclair operating on a frequency
           of 158.790 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, the Township of
       Montclair, 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

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    4. This Notice shall be sent to the Township of Montclair 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.


   Daniel W. Noel

   District Director

   New York 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