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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Zoological Society of Philadelphia ) File No. EB-09-PA-0228
Licensee of Radio Station WQJA821 )
Philadelphia, Pennsylvania ) NOV No. V201032400006
)
)
NOTICE OF VIOLATION
Released: November 9, 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 the Zoological Society of
Philadelphia ("Philadelphia Zoo"), licensee of radio station WQJA821.
2. On October 15, 2009, an agent of the Enforcement Bureau's Philadelphia
Office, responding to a complaint of an unmodulated carrier on the
frequency 464.65 MHz, inspected radio station WQJA821 licensed to the
Zoological Society of Philadelphia in Philadelphia, Pennsylvania. The
FCC agent found 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...." At the time of
inspection, the Philadelphia Zoo was operating a 250 watt base
station radio transceiver with the frequency 464.65 MHz. The
Philadelphia Zoo is licensed to operate only mobile radios on 464.65
MHz with an authorized output power of 40 watts.
b. 47 C.F.R. S: 90.403(f): "Stations licensed in this part shall not
continuously radiate an unmodulated carrier except where required for
tests as permitted in S: 90.405...." During the inspection on October
15, 2009, the agent determined that the Philadelphia Zoo was
radiating an unmodulated carrier on the frequency 464.65 MHz that was
not associated with testing or maintenance of the radio system.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, the Zoological
Society of Philadelphia 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to the Zoological Society of Philadelphia 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