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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

    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

    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

    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 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


                       Federal Communications Commission