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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Mobile Relay Associates  )   File No. EB-FIELDWR-13-00006950

   Licensee of Station WPPF234 )

   Malibu, California )  NOV No. V201332900014

                                       )

   )

   )

                              NOTICE OF VIOLATION

   Released: March 20, 2013

   By the Acting 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 (Rules),^ to  Mobile Relay Associates,
       licensee of radio station WPPF234 in Malibu, 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 July 12, and  November 19, 2012 and January 9, and 15, 2013,  an
       agent of the Enforcement Bureau's Los Angeles Office monitored  radio
       station WPPF234 located on Saddle Peak in Malibu, California and
       observed the following violations:

     a. 47 C.F.R. S 90.403(c): "Except for stations that have been granted
        exclusive channels under this part and that are classified as
        commercial mobile radio service providers pursuant to Part 20 of this
        chapter, each licensee must restrict all transmissions to the minimum
        practical transmission time and must employ an efficient operating
        procedure designed to maximize the utilization of the spectrum." At
        the time of the investigation, the agent observed that WPPF234 was
        transmitting on 151.7825 MHz and 152.2925 MHz nearly continuously.

     b. 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." At the time of the investigation, agents monitored
        WPPF234  and observed digitally modulated continuous signals on
        151.7825 MHz and on 152.2925 MHz. Specifically, the continuous
        transmissions from WPPF234 on 151.7825 MHz with bandwidth of 11.2 KHz
        interfered with communications of adjacent channel licensees centered
        on 151.775 MHz, and the continuous transmissions from WPPF234 on
        152.2925 MHz interfered with the communications of a co-channel
        licensee. The agent observed no evidence of monitoring the
        transmitting frequencies for communications in process or other
        measures to avoid interference by WPPF234.

    3.  On January 16, 2013 an agent of the Los Angeles Office inspected
       radio station WPPF234 located on Saddle Peak in Malibu, California and
       observed the following violation:

     a. 47 C.F.R. S 1.903(a): "General rule. Stations in the Wireless Radio
        Services 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 WPPF234 license authorized trunked operations in the
        Industrial Radio Service. At the time of the inspection the station
        was not using trunking technology and all communications between the
        base station on 151.7825 MHz and mobile units  on 159.8775 MHz were
        on a single channel pair.  In addition, all communications between
        the base station on 152.2925 MHz and mobile units on 157.5525 MHz
        were not using trunking technology.

    4. 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, Mobile Relay Associates  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.^

    5. In accordance with Section 1.16 of the Rules, we direct Mobile Relay
       Associates  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Mobile Relay Associates,  with personal
       knowledge of the representations provided in Mobile Relay Associates'
       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.^

    6. 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., #660

   Cerritos, CA 90703

    7. This Notice shall be sent to Mobile Relay Associates  at its address
       of record.

    8. 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

   Margaret M. Egler

   Acting District Director

   Los Angeles 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

   2

                       Federal Communications Commission