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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Cook Telecom, Inc. ) File No. EB-FIELDWR-12-00003917

   Licensee of Station WPQM864 )

   Novato, California ) NOV No. V201332960015


                              NOTICE OF VIOLATION

                                                 Released: February  27, 2013

   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 Cook Telecom, Inc., licensee of
       radio station WPQM864 in Novato, 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 violations noted

    2. On August 21, 2012, in response to an interference complaint, an agent
       of the Enforcement Bureau's San Francisco Office using mobile
       direction finding techniques located the source of the interfering
       signal in the 1861.7 - 1866.7 MHz frequency band to your Paging Radio
       Service station located at 347 Andrieux St., Sonoma, California. The
       agent monitored and confirmed that the reported interfering signal was
       a second harmonic spurious emission between 1863.1 and 1863.6 MHz
       generated by the WPQM864 931.8125 MHz radio transmitter, co-located
       with the cellular communication site on the rooftop of the Sonoma
       Valley Hospital. The radio station was inspected and the agent
       observed the following violations:

     a. 47 C.F.R. S 22.313(c): "Station identification must be transmitted by
        telephony using the English language or by telegraphy using the
        international Morse code, and in a form that can be received using
        equipment appropriate for the modulation type employed, and
        understood without the use of unscrambling devices, except that,
        alternatively, station identification may be transmitted digitally,
        provided that the licensee provides the Commission with information
        sufficient to decode the digital transmission to ascertain the call
        sign." On August 21, 2012, the agent observed that no call sign was
        transmitted during the period from 10:30 AM to 12:30 PM (PDT). The
        WPQM864 paging service radio station failed to identify its assigned
        call sign.

     b. 47 C.F.R. S 22.359(a): "The power of any emission outside of the
        authorized operating frequency ranges must be attenuated below the
        transmitting power (P) by a factor of at least 43 + 10 log (P) dB."
        At the time of investigation, the agent observed that WPQM864's out
        of band second harmonic spurious emission on 1863.1 - 1863.6 MHz were
        not attenuated below the fundamental as required. The power was
        measured at 35 Watts, thus the attenuation must be at least 58.44 dB.
        The following table lists the fundamental and the second harmonic
        power levels:

        Measurement No.

   Fundamental (dBm) Harmonic (dBm) Harmonic Ratio (db) Time (Local)

   1 -24.21 -76.19 52.07 11:03 am
   2 -29.55 -46.03 16.48 11:26 am
   3 -27.26 -40.94 13.68 12:35 pm
   4 -43.21 -74.55 31.34 12:59 pm
   5 -28.04 -40.82 12.78 1:18 pm

     d. 47 C.F.R. S 22.359(d): "[A]ny emission from a transmitter operating
        in any of the Public Mobile Services results in interference to users
        of another radio service, ...may require a greater attenuation of
        that emission than specified in this section." During the
        investigation, the agent learned that the licensee of WPQM864, Cook
        Telecom, had been aware, since July 27, 2011, that their transmitter,
        operating on 931.8125 MHz, was causing interference to AT&T's
        cellular frequencies, but failed to attenuate causing degradation of
        AT&T's cellular communication service.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Cook Telecom, 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 Rules, we direct Cook Telecom,
       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 Cook Telecom, Inc. with personal knowledge of
       the representations provided in the Cook Telecom, 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 Drive, Suite 105

   Pleasanton, California, 94588-8543

    6. This Notice shall be sent to Cook Telecom, Inc. at its address of

    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.


   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 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


                       Federal Communications Commission