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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Village of Ossining ) File No. EB-08-NY-0410
Licensee of Radio Station WNWU315 )
Ossining, New York ) NOV No. V200932380010
)
)
NOTICE OF VIOLATION
Released: December 2, 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 the Village of Ossining
("Ossining"), licensee of land mobile radio station WNWU315, Ossining,
New York.
2. On November 25, 2008, the New York Office received a complaint from
the Township of Lyndhurst ("Lyndhurst"), Lyndhurst, New Jersey, the
licensee of station WNSV989. The complaint was initiated as a result
of a constant radio signal ("carrier") that was causing harmful
interference to Lyndhurst's radio communications on the frequency
154.115 MHz. On November 25, 2008, an agent conducted an investigation
and determined that the constant carrier was being transmitted from
Ossining's transmitter in Ossining, NY. The investigation identified
the following violation:
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." On November 25 and 26, 2008, Ossining's transmitter on
154.115 MHz was transmitting an un-modulated constant carrier causing
harmful co-channel interference to the Lyndhurst's station WNSV989.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, the Village of
Ossining, 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, Suite 1151
New York, New York 10014
4. This Notice shall be sent to the Village of Ossining 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