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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-PA-0164
Magothy Communication Associates )
) Citation No.: C200832400004
Pasadena, Maryland )
CITATION
Released: April 21, 2008
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Magothy
Communication Associates ("Magothy") for violation of Section
90.427(b) of the Commission's Rules ("Rules").
2. An investigation by the Enforcement Bureau's Philadelphia Office
revealed that Magothy had programmed radio transmitting equipment with
the frequencies 461.3500 MHz, 462.5000 MHz, 462.7250 MHz, 463.2000
MHz, 464.4250 MHz, 464.5000 MHz, 464.5500 MHz, 467.7625 MHz, 469.2625
MHz and 469.5000 MHz for which Bear Creek Mountain Resort in Macungie,
Pennsylvania was not authorized.
3. Section 90.427(b) of the Rules states "[e]xcept for frequencies used
in accordance with S: 90.417, no person shall program into a
transmitter frequencies for which the licensee using the transmitter
is not authorized." By programming portable radio transmitters with
frequencies for which Bear Creek Mountain Resort is not authorized,
Magothy violated Section 90.427(b) of the Rules.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. Magothy Communication Associates may request an interview at the
closest FCC Office, which is Federal Communications Commission, 9200
Farm House Lane, Columbia, MD 21046. You may contact this office by
telephone, (XXX) XXXX-XXXX to schedule this interview, which must
take place within 14 days of this Citation. Magothy Communication
Associates may also submit a written statement to the above address
within 14 days of the date of this Citation. Any written statements
should specify what actions have been taken to correct the violation
outlined above. Please reference file number EB-08-PA-0164 when
corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Magothy Communication Associates at its record of address.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. 90.427(b).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission