**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Town of Ware ) File No. EB-04-BS-083

Licensee of Radio Station WPUF 267 )

Ware Fire Department ) NOV No. V20053226004

Ware, MA )

)

Attention: Chief Thomas W. Coulombe, )

NOTICE OF VIOLATION

Released: January 31, 2005

By the District Director, Boston Office, Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to Town of Ware (Ware
    Fire Department), licensee of radio station WPUF 267.

2.  On December 2, 2004, an agent of the Commission's Boston Office
    investigated a complaint of interference from Hamden Police
    Department, Hamden, MA to their frequency 153.9125 MHz and inspected
    radio station WPUF 267 (153.92 MHz) located at Ware Fire Department
    1 East Main Street, Ware, MA, and observed the following
    violation(s):

    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."

> 1\. The agent found the Ware Fire Department operating the radio
> station as a control station on frequency 150.805 MHz at 1 East Main
> Street. The station authorization provides for the operation of a
> mobile relay station.
>
> 2\. The agent determined the station was operating paging attention
> tones beyond the authorized bandwidth (11K2F3E) from the mobile relay
> station located at 268 Belchertown Road Ware, MA and causing harmful
> interference to the Hamden Police radio station (WPRI 633).

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Town of
    Ware, must submit a written statement concerning this matter within
    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 with personal knowledge of the matter. 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
>
> 1 Batterymarch Park
>
> Quincy, MA 02169-7454

4.  This Notice shall be sent to Town of Ware, 1 East Main Street, Ware,
    MA 01082.

5.  The Privacy Act of 1974[^3] 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

Dennis V. Loria

District Director

Boston Office

[^1]: 47 C.F.R. § 1.89.

[^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.*