Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) East Windsor Regional School District ) File No. EB-10-PA-0247 Licensee of Radio Station WQJA888 ) Hightstown, New Jersey ) NOV No. V201132400001 ) ) NOTICE OF VIOLATION Released: October 4, 2010 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 East Windsor Regional School District (“East Windsor”), the licensee of radio station WQJA888 in Hightstown, New Jersey. 2. On September 21, 2010 in response to a complaint, an agent of the Commission’s Philadelphia Office inspected station WQJA888 located in Hightstown, New Jersey and observed the following violations: a. 47 C.F.R. § 90.425(a): “Except as provided for in paragraphs (d) and (e) of this section, each station or system shall be identified by the transmission of the assigned call sign during each transmission or exchange of transmissions, or once each 15 minutes (30 minutes in the Public Safety Pool) during periods of continuous operation.” Between 9:15 a.m. and 10:30 p.m. on September 21, 2010, the agent observed that station WQJA888 did not transmit its call sign identification on the frequency 461.900 MHz. b. 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.” At the time of inspection, East Windsor was transmitting digital emissions on the frequency 461.900 MHz. The license for station WQJA888 only authorizes FM analog telephony emissions (F3E) on the frequency 461.900 MHz. Furthermore, East Windsor was operating station WQJA888 from an unauthorized location. The license WQJA888 1 47 C.F.R. § 1.89. Federal Communications Commission 2 specifies that East Windsor operate the station from the coordinates 40o 15’ 45” North Latitude 074o 15’ 52” West Longitude. At the time of the inspection, East Windsor was operating the station from the coordinates 40o 15’ 45” North Latitude 074o 31’ 52” West Longitude. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, East Windsor 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: 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 East Windsor 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 Northeast Region Enforcement Bureau 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.