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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Halmar Builders of NY, Inc. ) File No. EB-FIELDNER-12-00002384
Licensee of Radio Station WNJM609 )
Wappingers Falls, New York ) NOV No. V201232380019
)
)
NOTICE OF VIOLATION
Released: May 22, 2012
By the Acting District Director, New York 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 Halmar Builders of NY, Inc., licensee of
Private Land Mobile Station WNJM609 in Ulster, New York.
2. On April 27, 2012, an agent of the Enforcement Bureau's New York
Office conducted an investigation of Station WNJM609 located in
Ulster, New York and found the following violation:
47 C.F.R. S: 90.305(b) "Mobile units shall be operated within 48 Km. (30
mi.) of their associated base station or stations. Such units may not be
operated aboard aircraft in flight except as provided for in S:90.315(i)."
The agent monitored and heard Station WNJM609 operating from the East
Access Tunnel in Long Island City, New York, which is 127.4 Km. from the
base station in Ulster, New York.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, Halmar Builders of NY,
Inc. must submit a written statement concerning this matter within
twenty (20) calendar 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 an
officer of the Township of Edison. 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
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Halmar Builders of NY, 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
Luis Salazar
Acting District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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