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Service Electric Cable TV, Inc., Allentown, PA

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Service Electric Cable TV, Inc.
) File No. EB-FIELDNER-13-00007946
Licensee of Station KCJ608
)
Allentown, Pennsylvania
)
NOV No. V201332400027
)
)

NOTICE OF VIOLATION

Released: May 16, 2013

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 rules (Rules)1 to Service Electric Cable TV, Inc. (Service Electric), licensee of Private
Land Mobile Station KCJ608 in Allentown, 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.
In response to a complaint, on April 4, 2013, agents of the Enforcement Bureau’s
Philadelphia Office monitored the transmissions on 159.7950 MHz from a control station in Emmaus,
Pennsylvania, licensed under Station KCJ608, in Allentown, Pennsylvania, and observed the following
violation:
47 C.F.R. § 1.903(a): “General rule. 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 inspection, the agents found Service
Electric transmitting digital emissions on the frequency 159.7950 MHz. The license for
Station KCJ608 only authorizes FM narrowband analog voice emissions (F3E) on the
frequency 159.7950 MHz. The F3E class of emission does not authorize digital
transmissions.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

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, Service Electric 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 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 Service Electric to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Service Electric with personal knowledge of the representations provided in Service
Electric’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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6.
This Notice shall be sent to Service Electric Cable TV, Inc. at its address of record.


3 47 U.S.C. § 308(b).
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.
2

Federal Communications Commission

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
David C. Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau


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

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