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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Wagner College ) File No.: EB-FIELDNER-14-00014572

   Former Licensee of Station WPBP446 )

   ) NOV No.: V201432380006

   Staten Island, New York )

   )

   )

                              NOTICE OF VIOLATION

   Released: March 24, 2014

   By the District Director, New York 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 Wagner College, licensee of
       Private Land Mobile Station KA92113 in Staten Island, 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 violations noted herein.^

    2. On March 12, 2014, in response to a complaint, Agents of the
       Enforcement Bureau's New York Office inspected the Private Land Mobile
       Station located at Wagner College in Staten Island, New York, and
       observed the following violation:

   47 C.F.R. S 1.903(a): "Authorization Required - 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 provision of
   this part." The inspection conducted on March 12, 2014 revealed that
   Wagner College was operating on two unauthorized frequencies--463.9125 MHz
   and 461.5375 MHz. The license for Station KA92113 authorizes operation on
   461.0875 MHz and 466.0875 MHz.^

    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, Wagner College 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 Wagner College
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Wagner College with personal knowledge of the
       representations provided in Wagner College'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 Wagner
       College'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

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    6. This Notice shall be sent to Wagner College 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

   Stephen Maguire

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ Wagner College previously was authorized to operate on 463.9125 MHz and
   461.5375 MHz under the license for Private Land Mobile Station WPBP446,
   but that license expired on February 2, 2013, and was cancelled on April
   8, 2013.

   ^ 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