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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Theodore H. Wallace ) File No. EB-FIELDNER-12-00001898 Licensee of Radio
Station N3XJT )
Oxford, Pennsylvania ) NOV No. V201232340006
)
)
)
NOTICE OF VIOLATION
Released: 4/30/2012
By the District Director, Columbia 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 Theodore H. Wallace, the licensee of
Amateur Radio Service Station N3XJT in Oxford, Pennsylvania.
2. On April 17, 2012, agents of the Enforcement Bureau's Columbia Office
investigated transmission on 147.705 MHz from Water Tower located at
160 Greenwood St. in Elkton, Maryland, and observed the following
violations:
a. 47 C.F.R. S: 97.119(a): "Each amateur station, except a space station
or telecommand station, must transmit its assigned call sign on its
transmitting channel at the end of each communication, and at least
every 10 minutes during communication, for the purpose of clearly
marking the source of transmissions from station known to those
receiving the transmissions. No station may transmit unidentified
communications or signals, or transmit as the station call sign, any
call sign not authorized to that station." Agents observed numerous
unidentified transmissions from radio station N3XJT operated by
Theodore Wallace.
b. 47 C.F.R. S: 97.105(a): "The control operator must ensure the
immediate proper operation of the station, regardless of the type of
control." On April 18, 2012, Mr. Wallace admitted to a FCC Columbia
Office agent that due to equipment failure he was unable to remotely
control transmitter and does not have direct access to the site.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, Theodore H.
Wallace, 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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to Theodore H. Wallace at his 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
Salomon Satche
District Director
Columbia 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
2
Federal Communications Commission