Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Zoological Society of Philadelphia ) File No. EB-09-PA-0228 Licensee of Radio Station WQJA821 ) Philadelphia, Pennsylvania ) NOV No. V201032400006 ) ) NOTICE OF VIOLATION Released: November 9, 2009 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 Rules1 to the Zoological Society of Philadelphia (“Philadelphia Zoo”), licensee of radio station WQJA821. 2. On October 15, 2009, an agent of the Enforcement Bureau's Philadelphia Office, responding to a complaint of an unmodulated carrier on the frequency 464.65 MHz, inspected radio station WQJA821 licensed to the Zoological Society of Philadelphia in Philadelphia, Pennsylvania. The FCC agent found the following violations: a. 47 C.F.R. § 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….” At the time of inspection, the Philadelphia Zoo was operating a 250 watt base station radio transceiver with the frequency 464.65 MHz. The Philadelphia Zoo is licensed to operate only mobile radios on 464.65 MHz with an authorized output power of 40 watts. b. 47 C.F.R. § 90.403(f): “Stations licensed in this part shall not continuously radiate an unmodulated carrier except where required for tests as permitted in § 90.405.…” During the inspection on October 15, 2009, the agent determined that the Philadelphia Zoo was radiating an unmodulated carrier on the frequency 464.65 MHz that was not associated with testing or maintenance of the radio system. 147 C.F.R. § 1.89. Federal Communications Commission 2 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, the Zoological Society of Philadelphia must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of the licensee. 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 4. This Notice shall be sent to the Zoological Society of Philadelphia at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Gene J. Stanbro District Director Philadelphia District Office Northeast Region Enforcement Bureau 247 U.S.C. § 308(b). 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.