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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Prudential Insurance Co ) File No.: EB-FIELDNER-14-00016792

   Licensee of Station WPWE425 )

   ) NOV No.: V201432380008

   Newark, New Jersey )

   )

   )

                              NOTICE OF VIOLATION

   Released: August 11, 2014

   By the District Director, New York 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 Prudential Insurance Co
       (Prudential), licensee of Private Land Mobile Station WPWE425 in
       Newark, New Jersey. 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 July 30, 2014, in response to a complaint, Agents of the
       Enforcement Bureau's New York Office inspected the Private Land Mobile
       Station, WPWE425, located at 751 Broad Street, Newark, New Jersey, and
       observed the following violations:

     a. 47 C.F.R. S 90.403(c): "Except for stations that have been granted
        exclusive channels under this part and that are classified as
        commercial mobile radio service providers pursuant to Part 20 of this
        chapter, each licensee must restrict all transmissions to the minimum
        practical transmission time and must employ an efficient operating
        procedure designed to maximize the utilization of the spectrum." At
        the time of the investigation, the agents observed that WPWE425 was
        transmitting a continuous signal on 461.275 MHz.

     b. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
        to avoid causing harmful interference. This includes monitoring the
        transmitting frequency for communications in progress and such other
        measures as may be necessary to minimize the potential for causing
        interference." At the time

   of the investigation, the agents monitored WPWE425 and observed a
   continuous signal on 461.275 MHz, a frequency shared with other licensees
   in the New York metropolitan area. The agents observed no evidence of
   monitoring the transmitting frequency for communications in process or any
   other measures to avoid interference by WPWE425.

     c. 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." At the time of the monitoring, no identification of the
        station was observed.

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

   ^ 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