Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No.: EB-08-PA-0164

Magothy Communication Associates )

) Citation No.: C200832400004

Pasadena, Maryland )

# CITATION 

**Released**: **April 21, 2008**

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

1.  This is an Official Citation issued pursuant to Section 503(b)(5) of
    the Communications Act of 1934, as amended ("Act"),[^1] to Magothy
    Communication Associates ("Magothy") for violation of Section
    90.427(b) of the Commission's Rules ("Rules").[^2]

2.  An investigation by the Enforcement Bureau's Philadelphia Office
    revealed that Magothy had programmed radio transmitting equipment
    with the frequencies 461.3500 MHz, 462.5000 MHz, 462.7250 MHz,
    463.2000 MHz, 464.4250 MHz, 464.5000 MHz, 464.5500 MHz, 467.7625
    MHz, 469.2625 MHz and 469.5000 MHz for which Bear Creek Mountain
    Resort in Macungie, Pennsylvania was not authorized.

3.  Section 90.427(b) of the Rules states "\[e\]xcept for frequencies
    used in accordance with § 90.417, no person shall program into a
    transmitter frequencies for which the licensee using the transmitter
    is not authorized." By programming portable radio transmitters with
    frequencies for which Bear Creek Mountain Resort is not authorized,
    Magothy violated Section 90.427(b) of the Rules.

4.  Violations of the Act or the Commission's Rules may subject the
    violator to substantial monetary forfeitures,[^3] seizure of
    equipment through *in rem* forfeiture action, and criminal
    sanctions, including imprisonment.[^4]

5.  Magothy Communication Associates may request an interview at the
    closest FCC Office, which is Federal Communications Commission, 9200
    Farm House Lane, Columbia, MD 21046.[^5] You may contact this office
    by telephone, (XXX) XXXX-XXXX to schedule this interview, which must
    take place within 14 days of this Citation. Magothy Communication
    Associates may also submit a written statement to the above address
    within 14 days of the date of this Citation. Any written statements
    should specify what actions have been taken to correct the violation
    outlined above. Please reference file number EB-08-PA-0164 when
    corresponding with the Commission.

6.  Any statement or information provided by you may be used by the
    Commission to determine if further enforcement action is
    required.[^6] Any knowingly or willfully false statement made in
    reply to this Citation is punishable by fine or imprisonment.[^7]

7.  **IT IS ORDERED** that copies of this Citation shall be sent by
    First Class U.S. Mail and Certified Mail, Return Receipt Requested
    to Magothy Communication Associates at its record of address.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Gene J. Stanbro
>
> District Director
>
> Philadelphia District Office
>
> Northeast Region
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 503(b)(5).

[^2]: 47 C.F.R. 90.427(b).

[^3]: 47 C.F.R. § 1.80(b)(3).

[^4]: 47 U.S.C. §§ 401, 501, 503, 510.

[^5]: 47 U.S.C. § 503(b)(5).

[^6]: *See* Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).

[^7]: *See* 18 U.S.C. § 1001 *et seq*.