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 )

   )

   Fisher Wireless Services, Inc. )   File No. EB-FIELDWR-12-00004652

   Licensee of Station WPMN399 )

   Blythe, California )  NOV No. V201332960001

                                       )

   )

   )

                              NOTICE OF VIOLATION

   Released: October 11, 2012

   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 (Rules), to  Fisher Wireless Services, Inc.,
       licensee of WPMN399 in Blythe, California.  Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation(s)
       noted herein.

    2. On September 20, 2012,  an agent of the Enforcement Bureau's San
       Francisco Office monitored WPMN399 located at Rescue, California and
       observed the following violations:

     a. 47 C.F.R. S: 90.403(e)  "Licensses 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." The agent monitored WPMN399  and observed that the
        recurring pulses being transmitted continually caused interference to
        transmissions on 452.3875 MHz which is a frequency shared with other
        licensees in the Sacramento area.

     b. 47 C.F.R. S: 90.425(a) "Identification procedure. 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 transmission, or once each 15
        minutes (30 minutes in the Public Safety Pool) during periods of
        continuous operation." On September 20, 2012, the agent monitored the
        frequency 452.3875 MHz between 10:30 a.m. and 11:30 a.m. and observed
        that Station WPMN399 did not transmit the assigned call sign.

    3. Pursuant to Section  308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken.  Therefore, Fisher Wireless Services, Inc.,  must
       submit a written statement concerning this matter within twenty (20)
       days of release of this Notice. The response (i) must fully explain
       each violation, including all relevant surrounding facts and
       circumstances, (ii) must contain a statement of the specific action(s)
       taken to correct each violation and preclude recurrence, and (iii)
       must include a time line for completion of any pending corrective
       action(s). The response must be complete in itself and must not be
       abbreviated by reference to other communications or answers to other
       notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Fisher Wireless Services, Inc.,  to support its response to this
       Notice with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of Fisher Wireless Services,
       Inc.,  with personal knowledge of the representations provided in
       Fisher Wireless Services, Inc.,  response, verifying the truth and
       accuracy of the information therein, and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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 Dr., Suite 105

   Pleasanton, CA 94588

    6. This Notice shall be sent to Fisher Wireless Services, Inc.,  at its
       address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David K. Hartshorn

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 308(b).

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission