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 )
)
The County of Union ) File No. EB-09-PA-0260
Attn: Union Snyder Transportation Alliance )
Licensee of Radio Station WNPJ353 ) NOV No. V201032400007
New Berlin, Pennsylvania )
)
NOTICE OF VIOLATION
Released: November 23, 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 County of Union, licensee of
radio station WNPJ353 in New Berlin, Pennsylvania.
2. On October 23, 2009, agents of the Commission's Philadelphia Office
monitored the radio transmissions of station WNPJ353 located in New
Berlin, Pennsylvania 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." Furthermore, 47 C.F.R. S: 1.903(b) states: "The holding of an
authorization does not create any rights beyond the terms, conditions
and period specified in the authorization." The County of Union is
authorized under its license, WNPJ353, to operate a repeater station
on the frequency 155.055 MHz along SR 2003 on Shamokin Mountain in
Limestone Township, Pennsylvania at the coordinates 40o 57' 48.3"
North Latitude 076 o -52'-56.9" West Longitude and from the
Selinsgrove State Hospital in Selinsgrove, Pennsylvania at the
coordinates 40 o 48' 59.0" North Latitude 076 o 53' 23.0" West
Longitude. The agents observed that the County of Union was operating
the 155.055 MHz repeater station from an unauthorized location off
Dreisbach Church Road in New Berlin, Pennsylvania at the coordinates
40 o 53' 45.5" North Latitude 076 o 58' 32.2" West Longitude, which
is 6.7 miles from the authorized location in Limestone Township,
Pennsylvania, and 7.1 miles from the authorized location in
Selinsgrove, Pennsylvania.
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 23, 2009, between 8:00 a.m. and 4:00 p.m.,
agents observed that the County of Union did not transmit its call
sign identification WNPJ353 on the frequency 155.055 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, the County of
Union 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 County of Union. 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 County of Union 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 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