Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )


   Duquesne University ) File No. EB-10-PA-0100

   Licensee of Radio Station W281AH )

   Facility ID # 140951 ) NOV No. V201032400038

   Somerset, Pennsylvania )



                              NOTICE OF VIOLATION

   Released: April 27, 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 Duquesne University, licensee of
       radio station W281AH in Somerset, Pennsylvania.

    2. On April 14, 2010, agents of the Commission's Philadelphia Office
       inspected radio station W281AH located in Somerset, Pennsylvania and
       observed the following violations:

     a. 47 C.F.R. S: 74.1234(a)(2): "A station authorized under this subpart
        may be operated without a designated person in attendance if the
        following requirements are met...The transmitter shall be equipped
        with suitable automatic circuits which will place it in a
        nonradiating condition in the absence of a signal on the input
        channel." Station W281AH continued to operate and transmit an
        unmodulated carrier when the audio input was disconnected from the
        station's transmitter.

     b. 47 C.F.R. S: 74.1234(a)(1): "A station authorized under this subpart
        may be operated without a designated person in attendance if the
        following requirements are met...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." At the time of inspection, Duquesne University did not
        have the capability to promptly turn off the transmitter for station

     c. 47 C.F.R. S: 74.1284(b): "The licensee of an FM translator shall not
        rebroadcast the programs of any AM or FM broadcast station or other
        FM translator without obtaining prior consent of the primary station
        whose programs are proposed to be retransmitted." In addition to
        rebroadcasting the signal of station WDUQ on 104.1 MHz for which it
        has authorization, an apparent equipment malfunction appears to have
        caused station W281AH to also rebroadcast the signal of station WAIJ
        on 103.9 MHz. Duquesne University had no authorization from He's
        Alive, Incorporated, the licensee of station WAIJ, to rebroadcast the
        signal of WAIJ.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Duquesne
       University 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 Duquesne University at its 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 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