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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Kevin M. Fitzgerald ) File No. EB-09-PA-0297

   Licensee of FM Translator Station W289BP )

   Facility ID # 157515 ) NOV No. V201032400029

   Palmerton, Pennsylvania )


                              NOTICE OF VIOLATION

   Released:  February 22, 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 Kevin M. Fitzgerald, the licensee of
       FM translator station W289BP in Palmerton, Pennsylvania.

    2. On January 12, 2010, in response to an interference complaint from the
       Federal Aviation Administration, agents of the Commission's
       Philadelphia Office used direction finding techniques to locate the
       source of interference on the frequency 125.45 MHz to FM translator
       station W289BP, authorized to operate on 105.7 MHz. The agents
       inspected FM translator station W248BP located in Palmerton,
       Pennsylvania and observed the following violations:

     a. 47 C.F.R. S: 74.1234(a)(1): "...If the transmitter site cannot be
        reached promptly at all hours and in all seasons, means shall be
        provided so that the transmitting apparatus can be turned on and off
        at will from a point which is readily accessible at all hours and in
        all seasons." Station W289BP does not have the capability to turn off
        the transmitter during all hours and in all seasons.

     b. 47 C.F.R. S: 74.1234(a)(2): "The transmitter shall also be equipped
        with suitable automatic circuits which will place it in a
        non-radiating condition in the absence of a signal on the input
        channel." Station W248BP continued to operate and transmit an
        un-modulated carrier when the audio input was disconnected from the
        station's transmitter.

     c. 47 C.F.R. S: 74.1236(c): "The power of emissions appearing outside
        the assigned channel shall be attenuated below the total power of the
        emission as follows: Over 600 kHz - 60 dB minimum attenuation below
        unmodulated carrier." FCC agents found that station W289BP, which
        operates on 105.7 MHz, was generating a spurious emission on 125.45
        MHz that exceeded the emission mask limit and was causing harmful
        interference to the FAA.

     d. 47 C.F.R. S: 74.1265(b): "The call sign of the translator or booster
        together with the name, address, and telephone number of the licensee
        or local representative of the licensee if the licensee does not
        reside in the community served by the translator or booster, and the
        name and address of a person and place where station records are
        maintained, shall be displayed at the translator or booster site on
        the structure supporting the transmitting antenna, so as to be
        visible to a person standing on the ground at the transmitter site.
        The display shall be prepared so as to withstand normal weathering
        for a reasonable period of time and shall be maintained in a legible
        condition by the licensee." At the time of inspection, no postings
        were present with the required station and licensee information.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Kevin M.
       Fitzgerald, 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 Kevin M. Fitzgerald  at his address of

    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.


   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


                       Federal Communications Commission