Complaint Review: The Children's Village--Jeremy Kohomban - Dobbs Ferry New York

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

The Children's Village ) File No. EB-08-NY-0363

Licensee of Radio Station WQIN480 )

Dobbs Ferry, NY ) NOV No.V200932380005

NOTICE OF VIOLATION

Released: October 17, 2008

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 to The Children's Village, licensee of

private land mobile station WQIN480 in Dobbs Ferry, NY.

2. On October 6, 2008, an agent of the Commission's New York Office

monitored and inspected station WQIN480 located at Wetmore Hall, 1

Echo Hill, Dobbs Ferry, NY 10522, and observed the following

violations:

a. 47 C.F.R. S: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.'' At the time of the investigation, it was determined that the

base station was operating on a frequency of 151.4955 MHz, whereas

the license for station WQIN480 specifies operation for the base

station on a frequency of 151.4975 MHz.

b. 47 C.F.R. S: 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." At the time of the investigation, an agent observed

that the Children's Village repeatedly initiated radio transmissions

on 151.4975 MHz while other transmissions on the same frequency were

already in progress.

c. 47 C.F.R. S: 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. The

call sign shall be transmitted by voice in the English language or by

International Morse Code in accordance with paragraph (b) of this

section." On October 6, 2008, between 10:00 a.m. and 11:00 a.m., The

Children's Village did not transmit its call sign identification

WQIN480 on the frequency 151.4975 MHz.

3. Pursuant to Section 308(b) of the Communications Act of 1934, as

amended, and Section 1.89 of the Commission's Rules, The Children's

Village 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 Children's Village. 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

4. This Notice shall be sent to The Children's Village at its address of

record.

5. The Privacy Act of 1974 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.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

New York District Office

Northeast Region

Enforcement Bureau

47 C.F.R. S: 1.89.

47 U.S.C. S: 308(b).

P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

18 U.S.C. S: 1001 et seq.

Federal Communications Commission

2

Federal Communications Commission

Yopat

Dobbs Ferry, New York

U.S.A.