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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Union, Township of ) File No. EB-08-NY-0280
Licensee of Radio Station WPMC452 )
Union, New Jersey ) NOV No. V200832380047
NOTICE OF VIOLATION
Released: August 5, 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 Union, Township of ("Union"),
licensee of private land mobile radio station WPMC452, Union, New
Jersey.
2. On July 22, 2008, in response to an interference complaint from a
licensee, an agent of the Commission's New York Office inspected radio
station WPMC452, 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..." At the time of inspection, an agent determined that Union
was operating a trunked system on the frequency 502.1125 MHz. The
station class identified for the frequency 502.1125 MHz in Union's
authorization for WPMC452 is an FB2 mobile relay. In order to operate
a trunked system, Union must modify its license (class of station
codes) to indicate that its system will be trunked.
b. 47 C.F.R. S: 90.187(b): "Trunked systems operating under this section
must employ equipment that prevents transmission on a trunked
frequency if a signal from another system is present on that
frequency. The level of monitoring must be sufficient to avoid
causing harmful interference to other systems." At the time of the
inspection it was determined that, due to a power amplifier failure,
Union had switched its trunked system control channel to the
frequency 502.1125 MHz without monitoring or coordinating with
co-channel users.
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 July 22, 2008, between 9:30 a.m. and 10:30 a.m.,
Union did not transmit its call sign identification for station
WPMC452 on the frequency 502.1125 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Union, 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
Union. 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 Union, Township of, 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
2
Federal Communications Commission