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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Sims Metal East, LLC ) File No. EB-08-NY-0140

   Licensee of Radio Station KNEM713 )

   Jersey City, New Jersey ) NOV No. V200832380025

   )

                              NOTICE OF VIOLATION

   Released: April 21, 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 Sims Metal East, LLC ("Sims"),
       licensee of private land mobile radio station KNEM713, Jersey City,
       New Jersey.

    2. On April 10, 2008, in response to an interference complaint from
       another licensee, an agent of the Commission's New York Office
       monitored radio station KNEM713, 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." Sims's
        license for station KNEM713 only authorizes operation of a mobile
        relay station on 464.925 MHz, with a 6.1 meter control station and
        mobile stations on 469.925 MHz. At the time of inspection, Sims
        operated mobile relay stations on the unauthorized frequencies
        464.4014 MHz, 461.6389 MHz, and 451.8765 MHz and Sims operated mobile
        stations on the unauthorized frequencies 469.4015 MHz, 466.6390 MHz,
        and 456.8765 MHz.

     b. 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." Sims
        license authorizes an output power of 8 watts for the mobile relay
        station on the frequency 464.925 MHz. At the time of inspection, the
        mobile relay station operating on the frequency 464.925 MHz was
        observed to have a transmitter output power of 12 watts.

     c. C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
        (e) of this section, each station or system shall be identified by
        the transmission of the assigned call sign during each transmission
        or exchange of transmissions, or once each 15 minutes (30 minutes in
        the Public Safety Pool) during periods of continuous operation. The
        call sign shall be transmitted by voice in the English language or by
        International Morse Code in accordance with paragraph (b) of this
        section...." On April 10, 2008, between 1:00 p.m. and 3:30 p.m., Sims
        transmitted signals on the frequency 464.925 MHz, but did not
        transmit a call sign identification during this period.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Sims, 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
       Sims. 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, NY 10014

    4. This Notice shall be sent to Sims Metal East, Inc.,  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 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).

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

                       Federal Communications Commission

   3

                       Federal Communications Commission