Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   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

    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.


   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