Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Metro Communications ) File No. EB-08-NY-0321
Licensee of Radio Station WPNP467 )
Clifton, NJ ) NOV No.V200832380059
)
)
NOTICE OF VIOLATION
Released: September 10, 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 Metro Communications ("Metro"),
licensee of radio station WPNP467 in Clifton, NJ.
2. On September 8, 2008, in response to a licensee's complaint of radio
interference on the frequency 463.9875 MHz, agents of the New York
Office monitored station WPNP467 on the frequency 463.9875 MHz and
observed the following violations:
a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." At the time of the investigation, Metro repeatedly
initiated radio transmissions on 463.9875 MHz while other
transmissions on the same frequency were already in progress.
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 September 8, 2008, between 11:00 a.m. and 3:00 p.m.,
Metro did not transmit its call sign identification WPNP467 on the
frequency 463.9875 MHz.
c. 47 C.F.R. S: 90.427(a): "Each transmitter shall be so installed and
protected that it is not accessible to or capable of operation by
persons other than those duly authorized by and under control of the
licensee." At the time of the investigation, agents observed that
Metro operated its station, WPNP467, in an unauthorized and
unprotected manner in that its station was programmed to transmit a
continuous signal on 463.9875 MHz whenever another licensee's mobile
units were in operation.
d. 47 C.F.R. S: 90.439: "All stations and records of stations in these
services shall be made available for inspection at any reasonable
time while the station is in operation upon reasonable request of an
authorized representative of the Commission." The licensee refused to
make the station available for inspection after a request by a
representative of the Commission's New York Office.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Metro 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
Metro. 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 Metro 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 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