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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   MetroPCS AWS, LLC ) File No. EB-10-PA-0156

   Licensee of Radio Station WQGA731 )

   Queens Village, New York ) NOV No. V201132400005



                              NOTICE OF VIOLATION

   Released: November 10, 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 MetroPCS AWS, LLC ("MetroPCS"), the
       licensee of station WQGA731 in Queens Village, New York.

    2. On May 11, 2010, in response to a complaint, staff from the
       Enforcement Bureau's Philadelphia Office and the FCC's Office of
       Engineering Technology inspected MetroPCS's transmitting facility
       located at 216-19th Avenue, Queens Village, New York, and observed the
       following violation:

   47 C.F.R. S: 1.1310: "Radiofrequency radiation exposure limits. The
   criteria listed in table 1 shall be used to evaluate the environmental
   impact of human exposure to radiofrequency (RF) radiation as specified in
   S: 1.1307(b) . . . ." During the inspection, agents observed that station
   WQGA731 operated with a panel antenna located on the roof of the building
   located at 216-19 90th Avenue. The antenna faced and extended onto the
   roof of the adjoining building at 216-17 90th Avenue and the antenna was
   accessible at body height to individuals standing on the adjoining roof.
   Using a calibrated RF radiation meter and probe, the Philadelphia agents
   made multiple measurements and determined that, when standing on the roof
   of the building at 216-17 90th Avenue, the RF radiation exposure level
   directly in front of the panel antenna exceeded the maximum permissible
   exposure (MPE) limits for the general population specified in 47 CFR
   S:1.1310 by approximately 60 %.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, MetroPCS AWS, LLC
       must submit a written statement concerning this matter within twenty
       (20) days of release of this Notice. The written statement must fully
       explain the violation and should include documentation demonstrating
       that the transmission facilities for station WQGA731 comply with the
       RF radiation MPE limits and documentation of the procedures that are
       in place to ensure that the facility complies with the Commission's
       Rules.  The response must be complete in itself and signed by a
       principal or officer of MetroPCS AWS, LLC. 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

   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 MetroPCS AWS, LLC 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.

   MetroPCS's Station WQGA731 is licensed pursuant to Subpart L of Part 27 of
   the Commission's rules. 47 C.F.R. S: 27 et seq.

   See 47 C.F.R. S: 1.1310, Table 1(B). The general population/uncontrolled
   limits apply in situations in which the general public may be exposed, or
   in which persons that are exposed as a consequence of their employment may
   not be fully aware of the potential for exposure or cannot exercise
   control over their exposure. 47 C.F.R. S: 1.1310, Note 2 to Table 1. Here,
   the general population limits apply because there is no evidence that
   MetroPCS ensured that persons working on the rooftop were aware of their
   potential for exposure. The only warning sign regarding RF radiation
   exposure was on the rear of the antenna and was not visible to persons
   standing in front of the antenna on the roof at 216-17 90th Avenue, which
   is where MPE limits were exceeded.

   47 U.S.C. S: 308(b).

   The Philadelphia Office contacted MetroPCS after the inspection and
   MetroPCS reported that it has brought station WQGA731 into compliance with
   the general population RF radiation MPE limits. Consequently, we do not
   require, pursuant to 47 C.F.R. S: 1.1307(d), that an EA be submitted as
   part of the required written statement. However, if subsequently we
   determine that WQGA731 still exceeds the MPE limits, an EA may be
   requested from MetroPCS and further sanctions may be issued.

   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