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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Halmar Builders of NY, Inc. ) File No. EB-FIELDNER-12-00002384

   Licensee of Radio Station WNJM609 )

   Wappingers Falls, New York ) NOV No. V201232380019



                              NOTICE OF VIOLATION

   Released: May  22, 2012

   By the Acting District Director, New York 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 Halmar Builders of NY, Inc., licensee of
       Private Land Mobile Station WNJM609 in Ulster, New York.

    2. On April 27, 2012, an agent of the Enforcement Bureau's New York
       Office conducted an investigation of Station WNJM609 located in
       Ulster, New York and found the following violation:

   47 C.F.R. S: 90.305(b) "Mobile units shall be operated within 48 Km. (30
   mi.) of their associated base station or stations. Such units may not be
   operated aboard aircraft in flight except as provided for in S:90.315(i)."
   The agent monitored and heard Station WNJM609 operating from the East
   Access Tunnel in Long Island City, New York, which is 127.4 Km. from the
   base station in Ulster, New York.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's rules, Halmar Builders of NY,
       Inc. must submit a written statement concerning this matter within
       twenty (20) calendar 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 an
       officer of the Township of Edison. 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

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Halmar Builders of NY, Inc. 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.


   Luis Salazar

   Acting District Director

   New York District Office

   Northeast 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