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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   AT&T California ) File No. EB-11-SF-0333

   Licensee of Radio Station KMH828 )

   ) NOV No. V201232960005

   Oakland,  California )

   )

                              NOTICE OF VIOLATION

                                                  Released: December 14, 2011

   By the District Director, San Francisco  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 AT&T California, licensee of radio
       station KMH828 in Oakland, California.

    2. On December 7, 2011, in response to a complaint by the United States
       Coast Guard, an agent of the Enforcement Bureau's  San Francisco 
       Office monitored and inspected  radio station KMH828  located at Round
       Top Hill, 5.3 miles east of Oakland, California, and observed the
       following violations:

     a. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
        communication."  AT&T's  station on 156.8 MHz located at Round Top
        Hill, Oakland, CA was found transmitting continuously on both
        December 6, and December 7, 2011 for long periods of time. These
        transmissions were causing interference to the use of 156.8 MHz, the
        international radiotelephone distress, urgency, safety, call and
        reply frequency, by the United States Coast Guard.

     b. 47 C.F.R. S:  80.90: "Transmission must be suspended immediately upon
        detection of a transmitter malfunction and must remain suspended
        until the malfunction is corrected."  AT&T's station on 156.8 MHz was
        transmitting continuously for long periods of time making the channel
        unusable for distress, urgency, safety, call and reply transmissions.
        The agent observed no attempt by AT&T to discontinue operation prior
        to the inspection.

     c. 47 C.F.R. S: 80.92(a): "The station operator must determine that the
        frequency is not in use by monitoring the frequency before
        transmitting." AT&T's station on 156.8 MHz was transmitting
        continuously for long periods of time making the channel unusable for
        distress, urgency, safety, call and reply transmissions.  The agent
        observed no attempt  by AT&T to determine whether the frequency was
        actually in use prior to transmitting.

     d. 47 C.F.R. S: 80.76(a): "Each coast station or fixed station subject
        to this part must have the following facilities: Except for maritime
        utility stations, a visual indication of antenna current; or a pilot
        lamp, meter or equivalent device which provides continuous visual
        indication whenever the transmitter control circuits have been
        actuated." AT&T's station on 156.8 MHz was transmitting continuously
        for long periods of time making the channel unusable for distress,
        urgency, safety, call and reply transmissions. The agent did not
        observe that AT&T had a visual indication that the transmitter was
        transmitting continuously.

     e. 47 C.F.R. S: 80.76(b): "Each coast station or fixed station subject
        to this part must have the following facilities: Capability to
        aurally monitor all transmissions originating at dispatch points and
        to disconnect the dispatch points from the transmitter or to
        terminate the operation of the transmitter." AT&T's station on 156.8
        MHz was transmitting continuously for long periods of time making the
        channel unusable for distress, urgency, safety, call and reply
        transmissions. The agent observed that AT&T was apparently unable to
        disconnect the transmitter to prevent the continuous operation.

     f. 47 C.F.R. S: 80.76(c): "Each coast station or fixed station subject
        to this part must have the following facilities: Facilities which
        will permit the responsible operator to turn the carrier of the radio
        transmitter on and off at will." AT&T's station on 156.8 MHz was
        transmitting continuously for long periods of time making the channel
        unusable for distress, urgency, safety, call and reply transmissions.
        The agent observed no attempt to turn the carrier off prior to the
        inspection.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, AT&T California,
       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
       AT&T California.  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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California, 94588-8543

    4. This Notice shall be sent to  AT&T California 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

   Thomas N. Van Stavern

   District Director

   San Francisco  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

   3

                       Federal Communications Commission