Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) County of Newton ) File No. EB-10-OR-0011 Licensee of Radio Station KTK630 ) Parthenon, AR ) NOV No. V201032620002 ) ) ) NOTICE OF VIOLATION Released: March 9, 2010 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to County of Newton (“Newton”), Arkansas, licensee of radio station KTK630. 2. On February 23, 2010, an agent of the Commission’s New Orleans Office monitored transmissions from station KTK630 on the frequency 154.785 MHz and observed the following violation: a. 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 under the provisions of this part, except as specified in paragraph (b) of this section.” Newton was transmitting digital data on the frequency 154.785 MHz as part of their public safety two-way operation. The license for station KTK630 only authorizes FM analog telephony emissions (F3E) on the frequency 154.785 MHz. The F3E class of emission does not authorize digital data transmissions. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, County of Newton, 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 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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: Federal Communications Commission New Orleans Office 2424 Edenborn Avenue Suite 460 Metairie, LA 70001 4. This Notice shall be sent to County of Newton 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 Walter Gernon District Director New Orleans District Office South Central Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.