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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ayal Salame ) File No.: EB-FIELDNER-14-00014619
Licensee of Station WPMB843 )
Steelton, Pennsylvania ) NOV No.: V201432400020
)
)
)
NOTICE OF VIOLATION
Released: April 17, 2014
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 Ayal Salame, licensee of Land
Mobile Radio Service Station WPMB843 in Steelton, 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 March 21, 2014, agents from the Enforcement Bureau's Philadelphia
Office inspected Station WPMB843 located at 362 S Front St, Steelton,
Pennsylvania 17113, and observed 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 under the provisions of this
part, except as specified in paragraph (b) of this section." On
March 21, 2014, agents of the Philadelphia Office found that Ayal
Salame was operating an unauthorized base station (FB) on the
frequency 152.315 MHz from an unauthorized location in Steelton,
Pennsylvania, near the coordinates 40'0 13' 49" North Latitude and
076'0 50' 2" West Longitude.^
b. 47 C.F.R. S 90.425(a): "Station identification (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." On March 21, 2014, agents from the Philadelphia Office
monitored the station from 9:45 a.m. until 10:45 a.m. and observed
that it failed to identify station WPMB843 once each 15 minutes
during that time period.
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, Ayal Salame 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 Ayal Salame to
support its response to this Notice with a signed and dated affidavit
or declaration under penalty of perjury, 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 Office, Suite 404
2300 E. Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Ayal Salame at his 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).
^ At the time of the inspection, the license for Station WPMB843
authorized Ayal Salame to operate repeater stations (FB2) on the frequency
152.315 MHz at the coordinates 40'0 11' 31.3" North Latitude 076'0 52'
3.9" West Longitude and at the coordinates 39'0 58' 25.8" North Latitude
076'0 42' 13.8" West Longitude. WPMB843 did not include any
authorization to operate a fixed base (FB).
^ 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