******************************************************** 
                      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 )

   )

   Franklin Instrument Co., Inc. ) File No. EB-09-PA-0103

   Licensee of Radio Station WQJJ880 )

   Newtown, Pennsylvania ) NOV No. V200932400019

   )

   )

                              NOTICE OF VIOLATION

   Released: August 11, 2009

   By the District Director, Philadelphia 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 Franklin Instrument Co., Inc.
       ("Franklin"), licensee of Land Mobile Radio Service station WQJJ880 in
       Newtown, Pennsylvania.

    2. On May 22, 2009, the Commission's Philadelphia Office received a
       complaint from C W Schrenk, the licensee of Land Mobile Radio Service
       station KGM478, alleging that it was experiencing harmful interference
       on the frequency 464.650 MHz from an unidentified paging system. In
       response to the complaint, on July 30, 2009, an agent of the
       Philadelphia Office inspected radio station WQJJ880 located at the
       Bucks County Community College in Newtown, Pennsylvania and observed
       the following violations:

     a. 47 C.F.R. S: 90.137(b): "When any unit or units of a base station or
        fixed station which are authorized for operation at temporary
        locations actually remain or are intended to remain at the same
        location for more than 1 year, an application for a separate
        authorization specifying the fixed location shall be made as soon as
        possible, but not later than 30 days after the expiration of the
        1-year period." The license for station WQJJ880 authorizes nationwide
        operation of radio transmitting equipment on the frequency 464.650
        MHz on a temporary basis (FB6). Although Franklin has operated the
        radio transmitting equipment at the Bucks County Community College in
        Newtown, Pennsylvania for more than one year, it failed to make a
        separate application specifying the fixed location.

     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 July 30, 2009, between 1:30 p.m. and 2:15 p.m.,
        Franklin did not transmit its call sign identification for station
        WQJJ880 on the frequency 464.650 MHz.

     c. 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." During the inspection on July 30, 2009, the agent
        observed that Franklin did not have the equipment or capability to
        monitor for other users on the frequency 464.650 MHz.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Franklin
       Instrument Co., Inc., 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 Franklin Instrument Co., Inc.
       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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Franklin Instrument Co., Inc. 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

   Gene J. Stanbro

   District Director

   Philadelphia 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