Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Visiplex, Inc. ) File No. EB-09-PA-0255 Licensee of Radio Stations WPJU326, ) WQBF524, and WQID534 ) Vernon Hills, Illinois ) NOV No. V201032400005 ) ) NOTICE OF VIOLATION Released: November 9, 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 Visiplex, Inc. (“Visiplex”), a designer and manufacturer of radio transmitting equipment and the licensee of radio stations WPJU326, WQBF524 and WQID534. 2. On October 15, 2009, an agent of the Enforcement Bureau's Philadelphia Office, responding to a complaint of an unmodulated carrier on the frequency 464.65 MHz, inspected radio station WQJA821 licensed to the Zoological Society of Philadelphia in Philadelphia, Pennsylvania. The FCC agent found the following violation: 47 C.F.R. § 90.427(b) “Except for frequencies used in accordance with § 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.” Visiplex programmed a 250 watt radio transceiver with the frequency 464.65 MHz for which the Zoological Society of Philadelphia was not authorized. The license for station WQJA821 authorizes the Zoological Society of Philadelphia to operate only mobile radios on the frequency 464.65 MHz with an output power of 40 watts. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Visiplex 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 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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 Visiplex, Inc. 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.