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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   South Hills Village #4674 ) File No.: EB-FIELDNER-13-00010821

   Licensee of Station KD37921 )

   ) NOV No.: V201332400045

   Pittsburgh, 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 South Hills Village #4674 (South
       Hills), licensee of Private Land Mobile Radio Station KD37921 in
       Pittsburgh, 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 22, 2013, in response to a complaint, an agent of the
       Enforcement Bureau's Philadelphia Office inspected Station KD37921
       located at South Hills Village, 301 South Hills Village, Pittsburgh,
       Pennsylvania 15241 and observed the following violations:

     a. 47 C.F.R. S 1.903(a): "General rule. 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 under the
        provisions of this part, except as specified in paragraph (b) of this
        section." At the time of the inspection, the agent observed that
        South Hills was operating a repeater station (FB2) on the frequency
        462.1125 MHz with 91 Watts of output power. The license for Station
        KD37921 only authorizes operation of mobile units (MO) on the
        frequency 462.1125 MHz with an output power of 2 Watts.

     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." On August 22, 2013, the agent monitored during the periods
        between 4:00 p.m. and 4:30 p.m. and between 5:25 p.m. and 5:50 p.m.
        and found that Station KD37921 failed to identify with its call sign.

    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, South Hills 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 South Hills to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       South Hills with personal knowledge of the representations provided in
       South Hill'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 South Hills Village #4674 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