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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   North Fayette Public Works Department ) File No.: EB-FIELDNER-1300010818

   Licensee of Station WQPX605   )

   ) NOV No.: V201332400042

   Oakdale, Pennsylvania  )

   )

   )

                              NOTICE OF VIOLATION

   Released: September 4, 2013

   By the District Director, Philadelphia Office, Northeastern Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to the North Fayette Public Works
       Department (North Fayette), licensee of Private Land Mobile Station
       WQPX605 in Oakdale, Pennsylvania. 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 violations noted herein.^

    2. On August 23, 2013, an agent of the Enforcement Bureau's Philadelphia
       Office inspected and monitored Station WQPX605 located at 590
       Donaldson Park, Oakdale, Pennsylvania, and found the following
       violations:

     a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
        be used and operated only in accordance with the rules applicable to
        their particular service as set forth in this title and with a valid
        authorization granted by the Commission...." At the time of the
        inspection, the agent observed that North Fayette was operating radio
        transmitting equipment on the frequencies 156.225 MHz and 159.015 MHz
        with digital emissions. Station WQPX605 is only authorized to operate
        with an analog emission of 11K2F3E. Furthermore, Fayette was
        operating a repeater station (FB2) on the frequency 156.225 MHz from
        an unauthorized location.

     b. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
        transmit identification in accordance with the following provisions:
        (a) Identification procedure. Except as provided for in paragraphs
        (d) and (e) of this section, each station or system shall be
        identified by the transmission of the assigned call sign during each
        transmission or exchange of transmissions, or once each 15 minutes
        (30 minutes in the Public Safety Pool) during periods of continuous
        operation. The call sign shall be transmitted by voice in the English
        language or by International Morse Code in accordance with paragraph
        (b) of this section. If the station is employing either analog or
        digital voice scrambling, or non-voice emission, transmission of the
        required identification shall be in the unscrambled mode using A3E,
        F3E or G3E emission, or International Morse, with all encoding
        disabled." When the agent monitored Station WQPX605, no
        identification of Station WQPX605 was heard.

    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 violations and any remedial actions taken.
       Therefore, Public Works 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 Public Works
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Public Works with personal knowledge of the
       representations provided in Public Works' 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 the North Fayette Public Works Department
       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 District Office

   Northeastern  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