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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   South Florida Water MGT ) File No. EB-10-TP-0078

   Licensee of Radio Station WPDY844 )

   Fort Basinger, Florida ) NOV No. V201032700001



                              NOTICE OF VIOLATION

   Released: August 5, 2010

   By the District Director, Tampa Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to South Florida Water MGT, licensee of
       radio station WPDY844 in Fort Basinger, Florida.

    2. On May 6, 2010, while investigating a complaint of interference from
       the Federal Aviation Administration, agents of the Enforcement
       Bureau's Tampa Office determined that spurious emissions on frequency
       135.075 MHz coming from a malfunctioning TPL Communications PA3-1AC
       amplifier in use by South Florida Water MGT on the Kissimmee River in
       Fort Basinger, Florida were the source of the interference. Upon
       request, technicians from South Florida Water MGT turned off the
       amplifier and transmitter, which were part of a telemetry system.
       During the inspection conducted at the Kissimmee River Fort Basinger
       site, agents from the Tampa Office observed the following violations:

     a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service 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, except as specified in paragraph (b) of this section." The
        license for station WPDY844 authorizes use on three frequencies -
        159.465 MHz, 169.500 MHz, and 171.100 MHz. The agent observed that
        South Florida Water MGT was operating on the fundamental frequency
        170.225 MHz.

     b. 47 C.F.R. S: 90.210(c)(3): "Emission Mask C. For transmitters that
        are not equipped with an audio low-pass filter, the power of any
        emission must be attenuated below the unmodulated carrier output
        power (P) as follows: On any frequency removed from the center of the
        authorized bandwidth by more than 250 percent of the authorized
        bandwidth: At least 43 + 10 log (P) dB." The spurious emission at
        frequency 135.075 MHz was determined to be attenuated less than 43 +
        10 log (P) as required.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, South Florida Water MGT
       must submit a written statement concerning this matter within 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
       South Florida Water MGT. 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

   Tampa Office

   4010 W. Boy Scout Blvd., Suite 425

   Tampa, FL 33607

    4. This Notice shall be sent to South Florida Water MGT 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.


   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

   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