Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Marion )
Central Communications ) File No. EB-09-CF-0047
Licensee of Radio Station KWQ479 )
) NOV No.  V200932340006
Fairmont, WV )
)
NOTICE OF VIOLATION
Released:  April 7, 2009
By the Acting District Director, Columbia Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the 
Commission’s Rules1 to County of Marion (“Marion County”), licensee of radio station KWQ479.
2. On April 1, 2009, agents of the Commission’s Columbia Office monitored and 
subsequently inspected radio station KWQ479 located at 50 Centerview Drive, Fairmont, WV, and 
observed the following violations:
a. 47 C.F.R. § 1.903(b): “The holding of an authorization does not create any 
rights beyond the terms, conditions and period specified in the 
authorization.”  Marion County is licensed to operate a base station at a 
location identified as 903 E State Street, Fairmont, WV, with  coordinates 
39-28-14N, 080-07-56W.  During the inspection on April 1, 2009, the agents 
determined that the transmitter is located at 50 Centerview Street, Fairmont, 
WV with the approximate coordinates of 39-28-11N, 080-08-10W.  
Additionally, Marion County is authorized to operate a transmitter at a 
location at Williams Crossroads in Marion county WV at coordinates 39-24-
58N, 080-03-51W.  Using direction finding techniques, the agents 
determined that the approximate coordinates for this transmitter are 39-25-
29N, 080-05-15W, approximately 1.4 miles northwest of the licensed 
coordinates.
b. 47 C.F.R. § 90.243(b)(1): “In the Public Safety Pool, medical services 
systems in the 150-160MHz band are permitted to be cross-banded for 
mobile and central stations operations with mobile relay stations authorized 
  
1 47 C.F.R. § 1.89.
Federal Communications Commission
2
to operate in the 450-470MHz band.”  Based on monitoring and a statement 
from the director of Marion County’s 911 Center, the agents determined that 
Marion County cross-banded to the unauthorized frequency of 46.46 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, Marion County, 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 the licensee with personal knowledge of the matter.  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
Columbia Office
9600 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to Marion County, 903 E State Street, Fairmont, WV 26554, the 
address of record.  A copy shall also be sent to the licensee’s new address at 50 Centerview Street, 
Fairmont, WV 26554.
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
Richard M. Caine
Acting District Director
Columbia Office
  
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.
Federal Communications Commission
3