Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) The County of Union ) File No. EB-09-PA-0260 Attn: Union Snyder Transportation Alliance ) Licensee of Radio Station WNPJ353 ) NOV No. V201032400007 New Berlin, Pennsylvania ) ) NOTICE OF VIOLATION Released: November 23, 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 County of Union, licensee of radio station WNPJ353 in New Berlin, Pennsylvania. 2. On October 23, 2009, agents of the Commission’s Philadelphia Office monitored the radio transmissions of station WNPJ353 located in New Berlin, Pennsylvania and observed 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 under the provisions of this part.” Furthermore, 47 C.F.R. § 1.903(b) states: “The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization.” The County of Union is authorized under its license, WNPJ353, to operate a repeater station on the frequency 155.055 MHz along SR 2003 on Shamokin Mountain in Limestone Township, Pennsylvania at the coordinates 40o 57’ 48.3” North Latitude 076 o -52’-56.9” West Longitude and from the Selinsgrove State Hospital in Selinsgrove, Pennsylvania at the coordinates 40 o 48’ 59.0” North Latitude 076 o 53’ 23.0” West Longitude. The agents observed that the County of Union was operating the 155.055 MHz repeater station from an unauthorized location off Dreisbach Church Road in New Berlin, Pennsylvania at the coordinates 40 o 53’ 45.5” North Latitude 076 o 58’ 32.2” West Longitude, which is 6.7 miles from the authorized location in Limestone Township, Pennsylvania, and 7.1 miles from the authorized location in Selinsgrove, Pennsylvania. 147 C.F.R. § 1.89. Federal Communications Commission 2 b. 47 C.F.R. § 90.425(a): “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 October 23, 2009, between 8:00 a.m. and 4:00 p.m., agents observed that the County of Union did not transmit its call sign identification WNPJ353 on the frequency 155.055 MHz. 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 County of Union 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 County of Union. 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 County of Union 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 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.