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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   American Messaging Services, LLC ) File No. EB-08-NY-0250

   Licensee of Radio Station WNDF392 )

   New York, NY )

   ) NOV No.V200832380039


                              NOTICE OF VIOLATION

   Released: July 11, 2008

   By the District Director, New York Office, Northeastern Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to American Messaging Services, LCC
       ("American Services"), licensee of radio station WNDF392,  New York,

    2. On July 4, 2008, the Enforcement Bureau's New York Office received a
       complaint of radio interference on the frequency of 154.07 MHz to a
       licensed communications system used by a public safety entity in New
       York, NY. On July 4, 2008, an agent of the new York Office monitored
       station WNDF392 and observed the following violations:

     a. 47 C.F.R. S: 90.210(b)(3): "For transmitters that are equipped with
        an audio low-pass filter, the power of any emission must be
        attenuated below the unmodulated carrier power (P) as follows...On
        any frequency removed from the assigned frequency by more than 250
        percent of the authorized bandwidth: At least 43 + 10 log (P) dB."
        The agent observed a frequency variant spurious emission centered
        around 154.07 MHz that exceeded the required emission mask by as much
        as 20 dB.

     b. 47 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 July 4, 2008 between 8:00 a.m. and 9:15 a.m.,
        American Services did not transmit its call sign identification
        WNDF392 on the frequency 152.48 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, American Services
       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, Suite1151

   New York, NY 10014

    4. This Notice shall be sent to American Services at its address of

    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