Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Borough of West Mifflin ) File No. EB-09-PA-0062 Licensee of Radio Station WPRX383 ) West Mifflin, Pennsylvania ) NOV No. V200932400021 ) ) NOTICE OF VIOLATION Released: September 10, 2009 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 Borough of West Mifflin, licensee of Land Mobile Radio Service station WPRX383 in West Mifflin, Pennsylvania. 2. On August 26, 2009, an agent of the Commission’s Philadelphia Office inspected radio station WPRX383 located at the Borough of West Mifflin, Public Works Department, 750 Saint Agnes Lane, Pittsburgh, Pennsylvania and observed the following violation: a. 47 C.F.R. § 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…” At the time of the inspection, the mobile radio transmitters authorized under Land Mobile Radio Service station WPRX383 were found to be operating on the frequency 45.36 MHz, which is not authorized under WPRX383 or any other authorization issued to the Borough of West Mifflin. 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 Borough of West Mifflin 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: 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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 Borough of West Mifflin 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 District Office Northeast Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.