Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) County of Cumberland ) File No. EB-10-PA-0073 Licensee of Radio Stations KNAA943 ) and WSU218 ) NOV No. V201032400036 Millville, New Jersey ) ) ) NOTICE OF VIOLATION Released: April 9, 2010 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 Cumberland, the licensee of radio stations KNAA943 and WSU218 in Millville, New Jersey. 2. On March 4, 2010 and March 24, 2010, agents of the Commission’s Philadelphia Office inspected the radio transmitting equipment that the County of Cumberland operated at the Jaycee Plaza, 122 East Main Street, Millville, New Jersey (39o 23’ 43.0” North Latitude 075o 02” 17.0” West Longitude) and observed the following violation: 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 agents observed that the County of Cumberland was operating radio transmitting equipment on the frequencies 154.430 MHz (Fire 1), 154.325 MHz (Fire 2), and 155.220 MHz (EMS) from an unauthorized location. 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 Cumberland 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 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 in itself and signed by a principal or officer of the County of Cumberland. 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 Cumberland 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 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.