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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
Bureau:
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
Jersey.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission