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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

    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

     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

    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.


   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


                       Federal Communications Commission