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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   T&K Communications, Inc. ) File No.: EB-FIELDNER-13-00010009

   Licensee of Radio Station WNKY200 )

   Owego, New York ) NOV No.: V201332400037

   )

                              NOTICE OF VIOLATION

   Released: August 1, 2013

   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 (Rules)^ to T&K Communications, Inc. (T&K
       Communications), licensee of Private Land Mobile Radio Station WNKY200
       in Owego, New York. Pursuant to Section 1.89(a) of the Rules, issuance
       of this Notice does not preclude the Enforcement Bureau from further
       action if warranted, including issuing a Notice of Apparent Liability
       for Forfeiture for the violation noted herein.^

    2. On July 12, 2013, an agent of the Enforcement Bureau's Philadelphia
       Office inspected the radio transmitting equipment at the Chemung
       Volunteer Fire Company, 679 Main Street, Chemung, New York and
       observed the following violation:

   47 C.F.R. S 90.427(b): "Except for frequencies used in accordance with S
   90.417, no person shall program into a transmitter frequencies for which
   the licensee using the transmitter is not authorized." At the time of the
   inspection, the FCC agent found that T&K Communications had programmed
   radio transmitting equipment at Chemung Volunteer Fire Company with the
   frequencies 464.575 MHz and 469.575 MHz for which the Town of Chemung was
   not authorized under the licenses for Private Land Mobile Stations WQAX849
   and WQAX850.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violation and any remedial actions taken.
       Therefore, T&K Communications must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct T&K
       Communications to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of T&K Communications with personal knowledge of
       the representations provided in T&K Communications's response,
       verifying the truth and accuracy of the information therein,^ and
       confirming that all of the information requested by this Notice which
       is in the licensee's possession, custody, control, or knowledge has
       been produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to T&K Communications, Inc. at its address
       of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

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

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   2

                       Federal Communications Commission