Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Schuylkill Mobile Fone, Inc. ) File No. EB-09-PA-0261 ) Licensee of Radio Station KGA589 ) NOV No. V201032400008 ) Joliett, Pennsylvania ) NOTICE OF VIOLATION Released: December 1, 2009 By the District Director, Northeast Region, Philadelphia Office, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to Schuylkill Mobile Fone, Inc. (“Schuylkill Mobile”), licensee of Public Radio Service Station KGA589 in Joliett, Pennsylvania. 2. On November 6, 2009, in response to an interference complaint from the Bureau of State Reservation Maintenance (“State Reservation”), agents of the FCC’s Philadelphia Office monitored radio station KGA589 located in Joliett, Pennsylvania, and observed the following violation: 47 C.F.R. § 22.359(a): “The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB.” On November 6, 2009, FCC agents from the Philadelphia Office found that Schuylkill Mobile’s 152.18 MHz paging transmitter was generating a spurious emission on 165.0875 MHz that exceeded the emission mask limit by 56.15 dB2. The Philadelphia Office found that the spurious emission on 165.0875 MHz was causing harmful interference to the State Reservation’s repeater system. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, Schuylkill Mobile Fone, Inc. 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 1 47 C.F.R. § 1.89. 2 The FCC measured the level of the spurious emission to be 51.40 dBuV/m. The level of the fundamental was measured to be 63.99 dBuV/m; a difference of 12.59 dB. Based on the transmitter output power of 375 Watts, the spurious emission should be attenuated at least 68.74 dB below the authorized transmitting power. 3 47 U.S.C. § 403. Federal Communications Commission 2 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 to Schuylkill Mobile Fone, Inc. at its address of record. 5. The Privacy Act of 19744 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.5 FEDERAL COMMUNICATIONS COMMISSION Gene J. Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 4 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 5 18 U.S.C. § 1001 et seq.