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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Greenburgh Eleven Union Free School ) File No. EB-08-NY-0373
Licensee of Radio Station WQFI984 )
Dobbs Ferry, NY ) NOV No.V200932380006
NOTICE OF VIOLATION
Released: October 17, 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 Greenburgh Eleven Union Free School
("Greenburgh"), licensee of private land mobile station WQFI984 in
Dobbs Ferry, NY.
2. On October 6, 2008, an agent of the Commission's New York Office
monitored and inspected radio station WQFI984 located at Bethune
Building, 1 Echo Hill, Dobbs Ferry, NY 10522, 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 the investigation, it was determined that (1)
the base station was operating on a frequency of 157.665 MHz, whereas
the license for station WQFI984 specifies operation for the base
station on a frequency of 152.405 MHz and (2) the transmitter was
operating with an output power in excess of the power authorized in
its station license with an effective radiated power ("ERP") in
excess of the ERP authorized in its station license.
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 October 6, 2008, between 2:00 p.m. and 2:35 p.m.,
Greenburgh did not transmit its call sign identification WQFI984 on
the frequency 157.665 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Greenburgh 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
Greenburgh. 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 Greenburgh Eleven Union Free School 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