**FEDERAL COMMUNICATIONS COMMISSION**

![](media/image1.png){width="0.84375in" height="0.84375in"}**ENFORCEMENT
BUREAU**

**NORTHEAST REGION**

Philadelphia Office

One Oxford Valley Building, Suite 404

2300 East Lincoln Highway

Langhorne, Pennsylvania 19047

November 1, 2005

New Jersey Broadband

P.O. Box 627

Media, Pennsylvania 19063

**Letter of Inquiry**

Case Number: EB-05-PA-126

Document Number: W20063240001

New Jersey Broadband is apparently operating a wireless cable system in
Mamora, New Jersey without authorization, in violation of 47 U.S.C. §
301. New Jersey Broadband is requested to submit a detailed written
response to the questions below regarding its authorization to operate
the wireless cable system.

**Background**

On November 17, 2004, an agent from the FCC's Philadelphia Office
conducted an inspection of a 31 channel wireless cable system that was
operating at 215 South Shore Road, Mamora, New Jersey on the frequencies
between 2500 MHz and 2686 MHz assigned to the Broadband Radio Service
and Educational Broadband Service. The agent found that the wireless
cable system did not have any Emergency Alert System equipment
installed, in violation of Section 11.11(a) of the FCC Rules.[^1] During
the inspection, Tom Balun, the Manager of New Jersey Broadband
("Broadband"), admitted that Broadband was the operator of the wireless
cable system.

The agent subsequently conducted research to determine the status of the
licenses for the wireless cable system. The agent found that 22 of the
channels in the wireless cable system were licensed to Orion
Broadcasting Services, Inc. ("Orion"), Views on Learning, Inc., and
North American Catholic Educational Programming Foundation, Inc.
("Catholic Educational"). The agent found no authorization for 9
channels of the wireless cable system. (*See* the attachment entitled
*Wireless Cable System Frequency Bands and Licensee List*).

The agent also learned that, in March 2000, NJ Broadband entered into an
agreement with Orion. The management agreement provided that, among
other things, NJ Broadband would operate the system on behalf of Orion
and that Orion and NJ Broadband would file an application with the FCC
seeking approval for the assignment of Orion's licenses to NJ Broadband.
The agreement also provided that subject to the consent of the lessors,
Orion would assign its lease agreements with Views on Learning and
Catholic Educational to Broadband at the time the Orion licenses are
assigned to Broadband.

[Orion Licenses]{.underline}: The FCC's records show that Orion was once
licensed to operate on the Broadband Radio Service frequencies (formerly
Multipoint Distribution Service) in the BTA Market of Atlantic City, New
Jersey under a geographic license for station B025. On July 13, 2005,
the FCC cancelled the geographic license for station B025, effective
June 1, 1999 because Orion defaulted on its auction payments. Orion
still holds site-specific licenses for the following stations: (1)
Station WMX626, which consists of four Educational Broadband Service
stations in Corbin City, New Jersey; (2) Stations WHTH752 and WNTH892,
which consist of five Broadband Radio Service stations in Atlantic City,
New Jersey; and (3) Stations WMI280, WMI383, WMI387 and WNTJ652, which
consist of seven Broadband Radio Service stations in Corbin City, New
Jersey. There is no evidence that an application has been filed with the
FCC for the assignment of any Orion license to Broadband.

[Views on Learning Licenses]{.underline}: The FCC records show that
Views on Learning, Inc. holds the license for station WNC266 to operate
four stations in the Educational Broadband Radio Service in the Corbin
City, New Jersey. Views on Learning apparently entered into an ITFS
Excess Capacity Airtime Lease Agreement with Orion on June 20, 1991 for
the use station WNC266 in the wireless cable system. There is no
evidence that Views on Learning consented to the assignment of the lease
from Orion to Broadband or that Orion attempted to assign the leases to
Broadband.

[North American Catholic Educational Programming Foundation, Inc.
Licenses]{.underline}: Catholic Educational holds the license for
station WLX491 to operate four stations in the Educational Broadband
Radio Service in Corbin City, New Jersey. Catholic Educational
apparently entered into an ITFS Excess Capacity Airtime Lease Agreement
with Orion on September 20, 1991 for the use of station WLX491. There is
no evidence that Catholic Educational consented to the assignment of the
lease from Orion to Broadband or that Orion attempted to assign the
leases to Broadband.

**Unauthorized Operation**

On August 15, 2005, an agent from this office confirmed by direction
finding techniques that Broadband was operating the 31 channel wireless
cable system at 215 South Shore Road, Mamora, New Jersey on the
following frequency bands.

  ------ ------------------ ------ ------------------ ------ ----------------
  1\.    2500-2506 MHz      11\.   2560-2566 MHz      21\.   2620-2626 MHz

  2\.    2506-2512 MHz      12\.   2566-2572 MHz      22\.   2626-2632 MHz

  3\.    2512-2518 MHz      13\.   2572-2578 MHz      23\.   2632-2638 MHz

  4\.    2518-2524 MHz      14\.   2578-2584 MHz      24\.   2638-2644 MHz

  5\.    2524-2530 MHz      15\.   2584-2590 MHz      25\.   2644-2650 MHz

  6\.    2530-2536 MHz      16\.   2590-2596 MHz      26\.   2650-2656 MHz

  7\.    2536-2542 MHz      17\.   2596-2602 MHz      27\.   2656-2662 MHz

  8\.    2542-2548 MHz      18\.   2602-2608 MHz      28\.   2662-2668 MHz

  9\.    2548-2554 MHz      19\.   2608-2614 MHz      29\.   2668-2674 MHz

  10\.   2554-2560 MHz      20\.   2614-2620 MHz      30\.   2674-2680 MHz

                                                      31\.   2680-2686 MHz
  ------ ------------------ ------ ------------------ ------ ----------------

The Philadelphia Office found no evidence that Broadband is authorized
to operate the 31 channel wireless cable system on any of the frequency
bands listed above.

Broadband may be operating the wireless cable system without
authorization, in violation of 47 U.S.C. § 301. On August 15, 2005, the
FCC agent contacted Tom Balun of Broadband by telephone and warned that
Broadband may be operating the wireless cable system without
authorization. However, on August 17, 2005?, the FCC agent again
confirmed by direction finding techniques that Broadband was still
operating the 31 channel wireless cable system at 215 South Shore Road,
Mamora, New Jersey.

Broadband is hereby warned that operation of radio transmitting
equipment without a valid radio station authorization constitutes a
violation of the Federal laws cited above and could subject the operator
to severe penalties, including, but not limited to, substantial monetary
fines, in rem arrest action against the offending radio equipment, and
criminal sanctions including imprisonment. (see 47 U.S.C. §§ 401, 501,
503 and 510).

UNLICENSED OPERATION OF THESE RADIO STATIONS MUST BE DISCONTINUED
IMMEDIATELY.

**Inquiry**

Pursuant to Sections 308(b) and 403 of the Communications Act of 1934,
as amended,[^2] and Sections 1.17 the FCC's Rules,[^3] Broadband is
directed to provide a complete explanation to the following questions
along with the requested information and any relevant documents:

1.  When did Broadband begin operating the wireless cable system in
    Mamora, New Jersey? What is the current status of operations of the
    wireless cable system in Mamora, New Jersey?

2.  Does Broadband have authorization to operate the wireless cable
    system on each of the 31 channels? Broadband must explain what
    authorization it has to operate on each channel and provide a copy
    of a license for each channel. Broadband must also provide a copy of
    any current and unexpired agreement that it has with any licensee to
    manage, lease or operate on any channel. For those channels which
    Broadband does not have authorization to operate, Broadband must
    provide a description of the corrective actions it will take to
    prevent unauthorized operation on that channel.

3.  Has any application been filed with the FCC for the assignment of
    any Orion license to Broadband? If so, please provide the date any
    application was filed, the call signs of the stations involved, and
    a copy of any assignment application. If not, please specify why no
    assignment application has been filed yet and if an assignment
    application will ever be filed.

4.  Did Views on Learning ever consent to the assignment of the ITFS
    Excess Capacity Airtime Lease Agreement from Orion to Broadband? If
    so, please provide evidence of the consent and a copy of the
    original lease between Views on Learning and Orion. In addition,
    please provide evidence that Orion assigned the lease agreement to
    Broadband.

5.  Did North American Catholic Educational Programming Foundation, Inc.
    ever consent to the assignment of the ITFS Excess Capacity Airtime
    Lease Agreement from Orion to Broadband? If so, please provide
    evidence of the consent and a copy of the original lease between
    Catholic Educational and Orion. In addition, please provide evidence
    that Orion assigned the lease agreement to Broadband.

6.  Provide any other information that may be relevant to this inquiry.

Broadband's response to this inquiry must be supported by a sworn
statement, signed by a corporate officer or member of the board of
directors of Broadband attesting to the truth and accuracy of the
response. Broadband should submit the sworn response so that it is
received at the following address no later than 20 days from the date of
this letter:

> Federal Communications Commission
>
> Philadelphia Office
>
> One Oxford Valley Building, Suite 404
>
> 2300 East Lincoln Highway
>
> Langhorne, Pennsylvania 19047

To knowingly and willfully make any false statement or conceal any
material fact in reply to this inquiry is punishable by fine or
imprisonment. *See* 18 U.S.C. § 1801; *see also* 47 C.F.R. § 1.17.
Failure to respond appropriately to a Bureau Letter of Inquiry
constitutes a violation of the Communications Act and our rules. *See
SBC Communications, Inc.*, Order of Forfeiture, 17 FCC Rcd 7589 (2002);
*Globcom, Inc.*, Notice of Apparent Liability for Forfeiture and Order,
18 FCC Rcd 19893, n. 36 (2003).

Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing
Broadband that the Commission's staff will use all relevant material
information before it to determine what, if any, enforcement action is
required to ensure its compliance with FCC Rules. This will include any
information that Broadband discloses in its reply.

> Sincerely

John E. Rahtes

District Director

Philadelphia Office

Attachments:

Wireless Cable System Frequency Bands and Licensee List

Excerpts from the Communications Act of 1934, As Amended

Enforcement Bureau, \"Inspection Fact Sheet\", July 2003

**Wireless Cable System**

**Frequency Bands and Licensee List**

  -------- -------------- ---------- ---------- ------------------- ---------
  Number   Frequency Band Channel    Call Sign  Licensee            Service

  1        2500-2506 MHz  A1         WNC266     Views on Learning   EBS

  2        2506-2512 MHz  B1         No License                     
                                     Found                          

  3        2512-2518 MHz  A2         WNC266     Views on Learning   EBS

  4        2518-2524 MHz  B2         No License                     
                                     Found                          

  5        2524-2530 MHz  A3         WNC266     Views on Learning   EBS

  6        2530-2536 MHz  B3         No License                     
                                     Found                          

  7        2536-2542 MHz  A4         WNC266     View on Learning    EBS

  8        2542-2548 MHz  B4         No License                     
                                     Found                          

  9        2548-2554 MHz  C1         WMX626     Orion Broadcasting  EBS

  10       2554-2560 MHz  D1         WLX491     Catholic            EBS
                                                Educational         

  11       2560-2566 MHz  C2         WMX626     Orion Broadcasting  EBS

  12       2566-2572 MHz  D2         WLX491     Catholic            EBS
                                                Educational         

  13       2572-2578 MHz  C3         WMX626     Orion Broadcasting  EBS

  14       2578-2584 MHz  D3         WLX491     Catholic            EBS
                                                Educational         

  15       2584-2590 MHz  C4         WMX626     Orion Broadcasting  EBS

  16       2590-2596 MHz  D4         WLX491     Catholic            EBS
                                                Educational         

  17       2596-2602 MHz  E1         WHT752     Orion Broadcasting  BRS

  18       2602-2608 MHz  F1         WMI280     Orion Broadcasting  BRS

  19       2608-2614 MHz  E2         WHT752     Orion Broadcasting  BRS

  20       2614-2620 MHz  F2         WMI280     Orion Broadcasting  BRS

  21       2620-2626 MHz  E3         WHT752     Orion Broadcasting  BRS

  22       2626-2632 MHz  F3         WMI280     Orion Broadcasting  BRS

  23       2632-2638 MHz  E4         WHT752     Orion Broadcasting  BRS

  24       2638-2644 MHz  F4         WMI280     Orion Broadcasting  BRS

  25       2644-2650 MHz  G1         No License                     
                                     Found                          

  26       2650-2656 MHz  H1         WNTH892    Orion Broadcasting  BRS

  27       2656-2662 MHz  G2         No License                     
                                     Found                          

  28       2662-2668 MHz  H2         WNTJ652    Orion Broadcasting  BRS

  29       2668-2674 MHz  G3         No License                     
                                     Found                          

  30       2674-2680 MHz  H3         No License                     
                                     Found                          

  31       2680-2686 MHz  G4         No License                     
                                     Found                          
  -------- -------------- ---------- ---------- ------------------- ---------

[^1]: 47 C.F.R. § 11.11(a).

[^2]: 47 U.S.C. § 308(b) and § 403.

[^3]: ? 47 C.F.R. §§ 1.17.