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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mobile Communications Inc. ) File No. EB-09-PA-0278
Licensee of Radio Station KNIM872 )
Philadelphia, Pennsylvania ) NOV No. V201032400026
)
)
NOTICE OF VIOLATION
Released: February 18, 2010
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 Mobile Communications Inc., the
licensee of radio station KNIM872 in Philadelphia, Pennsylvania.
2. On December 2, 2009 between 3:00 p.m. and 4:15 p.m. in response to a
complaint of harmful interference to station KNIM872, an agent of the
Commission's Philadelphia Office monitored the radio transmissions on
the frequency 464.250 MHz from station KNIM872 in Philadelphia,
Pennsylvania and observed the following violation:
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 agent observed that Mobile
Communications Inc. was operating the 464.250 MHz repeater station from an
unauthorized location.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Mobile
Communications 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 Mobile Communications 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 Mobile Communications, 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 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