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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tacony Town Watch, Inc. ) File No. EB-11-PA-0305
Licensee of Radio Service WPMP942 )
Philadelphia, Pennsylvania ) NOV No. V201232400019
)
)
NOTICE OF VIOLATION
Released: January 6, 2012
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 Tacony Town Watch, Inc. ("Tacony"),
licensee of Private Land Mobile Station WPMP942 in Philadelphia,
Pennsylvania.
2. On December 6, 2011, agents of the Commission's Philadelphia Office
monitored Station WPMP942 in Philadelphia, Pennsylvania and observed
the following violation:
47 C.F.R. S: 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,
except as specified in paragraph (b) of this Section." Furthermore, 47
C.F.R. S: 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 Tacony was operating Station
WPMP942 from an unauthorized location.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, Tacony Town
Watch, Inc. must submit a written statement concerning this matter
within 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 Tacony Town Watch, Inc. 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 by Certified Mail/Return Receipt Requested
and regular mail to Tacony Town Watch, 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
David Dombrowski
Acting District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
According to the license for Station WPMP942, Tacony is authorized to
operate a repeater (FB7) on the frequency 463.3 MHz at Harrbison Street
and Levick Street in Philadelphia, Pennsylvania at the coordinates 40o 02'
05.4" North Latitude 075 o 03' 53.6" West Longitude in Philadelphia,
Pennsylvania. The agents found that the station is actually operating near
the coordinates 40o 01' 58.44" North Latitude 075 o 03' 49.63" West
Longitude.
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