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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Spotts, Stevens and McCoy, Inc. ) File No. EB-10-PA-0246
Licensee of Radio Station WPWV610 )
Morgantown, Pennsylvania ) NOV No. V201132400002
)
)
)
NOTICE OF VIOLATION
Released: October 4, 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 Rules to Spotts, Sevens and McCoy, Inc.
("SSM"), the licensee of radio station WPWV610 in Morgantown,
Pennsylvania.
2. On September 17, 2010 in response to a complaint of harmful
interference, an agent of the Commission's Philadelphia Office
inspected radio station WPWV610 located at the BFI landfill in
Morgantown, Pennsylvania, and observed the following violation:
a. 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, SSM was operating a
Trimble Trimmate III and transmitting a digitally modulated signal on
461.025 MHz. There was no evidence that the station was monitoring
for communications in progress, which created the potential for
interference and prevented the effective sharing of the frequency
with other licensed users.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, SSM 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 Spotts, Stevens and McCoy, Inc. at its
address of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission