Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Level 3 Communications )

   ) File No. EB-10-DV-0022

   Licensee of Radio Station WPSR382 )

   Broomfield, Colorado ) NOV No. V201032800023

   )

                              NOTICE OF VIOLATION

   Released:  May 18, 2010

   By the District Director, Denver 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 Level 3 Communications ("Level 3"),
       licensee of radio station WPSR382 in Broomfield, Colorado.

    2. On March 23, 2010, an agent of the Enforcement Bureau's Denver Office
       investigated a complaint of interference to 463.725 MHz in the area of
       Greeley, Colorado. An agent monitored and located radio station
       WPSR382, at the Level 3 facility parking garage located at 1025
       Eldorado Boulevard, Broomfield, Colorado and observed the following
       violations:

     a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service 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, except as specified in paragraph (b) of this section." The
        license for station WPSR382 specifies the coordinates 39-o 55' 02.4"
        north latitude and 105-o 08' 46.6" west longitude with a street
        address of 1025 Eldorado Boulevard, Broomfield, Colorado. At the time
        of the investigation, the agent observed that Level 3 was operating
        station WPSR382 at the measured coordinates of 39-o 55' 22" north
        latitude and 105-o 08' 39" west longitude, with a street address of
        1025 Eldorado Boulevard, Broomfield, Colorado.

     b. 47 C.F.R. S: 90.173(b): "All applicants and licensees shall cooperate
        in the selection and use of frequencies in order to reduce
        interference and make the most effective use of the authorized
        facilities." At the time of the investigation, the agent observed
        that Level 3 operated WPSR382 on 463.725 MHz and failed to properly
        monitor co-channel activity on 463.725 MHz.

     c. 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, the agent observed
        that station WPSR382 transmitted a 3-4 second data signal on 463.725
        MHz. These data transmission bursts occurred predictably every few
        minutes creating the potential for interference for co-channel
        operation on 463.725 MHz by Telstar Communications Inc., call sign
        WPYP664.

     d. 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 WPSR382 signal was monitored for
        several hours and at no time was a call sign identification heard.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Level 3 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
       Level 3 Communications. 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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent to Level 3 Communications 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

   Nikki P. Shears

   District Director

   Denver 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