Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Richcrete Industries DBA Silvi Concrete of ) File No.: EB-FIELDNER-13-00011366 Atlantic City, Inc. ) Licensee of Radio Station WQAW412 ) Fairless Hills, Pennsylvania ) NOV No.: V201432380003 NOTICE OF VIOLATION Released: November 27, 2013 By the District Director, New York Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules)1 to Richcrete Industries DBA Silvi Concrete of Atlantic City, Inc. ( Richcrete), licensee of Private Land Mobile Station WQAW412 in Fairless Hill, Pennsylvania. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation noted herein.2 2. On September 19, 2013, and October 23, 2013, in response to a complaint of interference from the Police Department of East Windsor Township, an agent of the Enforcement Bureau’s New York Office inspected Station WQAW412 in Clarksburg, New Jersey, and observed the following violation: 47 C.F.R. § 90.403(e): “Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference.” On September 19, 2013, the agent found that Richcrete’s transmitter that was authorized to operate on 153.1925 MHz was generating spurious emissions on 153.74 MHz, which is licensed to the Police Department of East Windsor Township. On October 23, 2013, the agent returned and found that Richcrete’s transmitter, which was operating on its alternative frequency of 153.725 MHz, was still generating spurious emissions on 153.74 MHz. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Richcrete must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). Federal Communications Commission 2 pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.4 4. In accordance with Section 1.16 of the Rules, we direct Richcrete to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Richcrete with personal knowledge of the representations provided in the Richcrete’s response, verifying the truth and accuracy of the information therein,5 and confirming that all of the information requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.6 5. 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 York Office 201 Varick Street, Suite 1151 New York, NY 10014 6. This Notice shall be sent to Richcrete Industries DBA Silvi Concrete of Atlantic City, Inc., at its address of record. 7. The Privacy Act of 19747 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. FEDERAL COMMUNICATIONS COMMISSION Stephen Maguire District Director New York District Office Northeast Region Enforcement Bureau 4 47 C.F.R. § 1.89(c). 5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission and which is required by any law, rule or other regulation of the United States to be supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).