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 )

   ) File No.: EB-08-PA-0164 

   Magothy Communication Associates  )

   ) Citation No.: C200832400004

   Pasadena, Maryland )


                                                     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

    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.


   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


                       Federal Communications Commission