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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Fisher Wireless Services Inc. ) File No. EB-10-LA-0045
)
Licensee of Radio Station WQEL622 ) NOV No. V201032900013
)
La Cresenta, CA
NOTICE OF VIOLATION
Released: May 21, 2010
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Fisher Wireless Services Inc.,
licensee of radio station WQEL622, La Cresenta, California.
2. On, March 25, April 9, and May 7, 2010, in response to a complaint, an
agent from the Enforcement Bureau's Los Angeles Office monitored the
frequency 461.900 MHz , and a station identifying with callsign
WQEL622, located in the Angeles National Forest north of La Cresenta,
California, area and observed the following violations:
a. 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, station WQEL622
transmitter was continuously transmitting a pulsing digitally
modulated signal, on 461.900 MHz, a frequency shared with other
licensees in the Los Angeles area. These pulsing transmissions were
without breaks for several hours, and did not cease when other users
attempted to use the frequency, creating the potential for
interference and preventing the effective sharing of the frequency
with other licensed users.
b. 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." At
the time of the investigation, the WQEL622 signal was monitored for
several hours and was heard to identify with call sign in Morse code
at intervals of 27 minutes.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Fisher Wireless
Services Inc. 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
Fisher Wireless Services Inc. 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
Los Angeles Office
18000 Studebaker Rd., Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to Fisher Wireless Services Inc., 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
Nader Haghighat
District Director
Los Angeles District Office
Western 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