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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Communicom Beep ) File No.: EB-FIELDNER-13-00010830
Licensee of Station WNUF209 )
) NOV No.: V201332400044
New Cumberland, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: September 16, 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 Communicom Beep, licensee of
Commercial Mobile Radio Service Station WNUF209 in New Cumberland,
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 violation noted herein.^
2. On August 23, 2013, an agent of the Enforcement Bureau's Philadelphia
Office monitored Station WNUF209 located at Reesers Summit, New
Cumberland, Pennsylvania and observed the following violation:
47 C.F.R. S 90.210(b): "For transmitters that are equipped with an audio
low pass filter, the power of any emission must be attenuated below the
unmodulated carrier power (P) as follows: (3) On any frequency removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: at least 43 + 10 log (P) dB." At the time of observation,
Station WNUF209 was generating spurious emissions on the frequencies
462.17 MHz and 463.33 MHz that did not meet the emission mask
requirements.
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, Communicom Beep 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 Communicom
Beep to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Communicom Beep with personal knowledge of the
representations provided in Communicom Beep'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 Communicom Beep 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
3
Federal Communications Commission