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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Township of Montclair ) File No. EB-08-NY-0144
Licensee of Radio Station KEB238 )
Montclair, New Jersey ) NOV No. V200832380023
)
)
NOTICE OF VIOLATION
Released: April 15, 2008
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 the Township of Montclair
("Montclair"), licensee of land mobile radio station KEB238,
Montclair, New Jersey.
2. On April 11, 2008, the New York Office received a complaint from a
service company representing the Village of Scarsdale, Scarsdale, New
York ("Scarsdale"), the licensee of station WPCV667. The service
representative reported that, for the past two days, a constant
carrier was causing harmful interference to Scarsdale's radio
communications on the frequency 158.790 MHz. On April 11, 2008, an
agent conducted an investigation and determined that the constant
carrier was being transmitted from Montclair's transmitter in
Montclair, NJ. The investigation identified the following violation:
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 April 11, 2008, Montclair's transmitter on 158.790 MHz
was transmitting an un-modulated constant carrier causing harmful
co-channel interference to the Scarsdale station WPVC667.
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