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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Jose Torres ) File No. EB-07-PA-192

   Licensee of Radio Station N3TX )

   Philadelphia, Pennsylvania ) NOV No. V20083240007




                              NOTICE OF VIOLATION

   Released: January 3, 2008

   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 Jose Torres, licensee of amateur
       radio station N3TX in Philadelphia, Pennsylvania.

    2. On December 11, 2007, agents of the Commission's Philadelphia Office
       monitored radio station N3TX located in Philadelphia, PA, and observed
       the following violations:

     a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services 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, except as specified in paragraph (b) of this section."
        According to the license for station N3TX, Jose Torres is authorized
        to operate on "Amateur Extra" frequencies only. On December 11, 2007,
        agents from this office determined using direction finding techniques
        that a radio transmitter was operating from your residence on the
        frequency 26.71 MHz, which is not an "Amateur Extra" frequency.

     b. 47 C.F.R. S: 97.119(a)(b)(2): "Each amateur station, except a space
        station or telecommand station, must transmit its assigned call sign
        on its transmitting channel at the end of each communication, and at
        least every 10 minutes during a communication, for the purpose of
        clearly making the source of the transmissions from the station known
        to those receiving the transmissions." On December 11, 2007, the
        agents monitored and recorded radio transmissions from 7:49 pm to
        8:12 pm and from 9:41 pm to 10:01 pm on 26.71 MHz and observed that
        the amateur station did not transmit any call signs during such

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Jose Torres, 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, should include a time
       line for completion of pending corrective action(s), and a telephone
       number where the station operator can be contacted. 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 Jose Torres  at his 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.


   Gene J. Stanbro

   District Director

   Philadelphia 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).

   418 U.S.C. S: 1001 et seq

                       Federal Communications Commission


                       Federal Communications Commission