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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Acumen Communication  )   File No. EB-FIELDWR-13-00007151

   Licensee of Station WQHT586 )

   Rancho Palos Verdes, California )   NOV No. V201332900016

                                       )

                              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  Acumen Communication, licensee
       of radio station WQHT586 in Rancho Palos Verdes, 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 January 28, 2013, an agent of the Enforcement Bureau's Los Angeles
       Office monitored  radio station WQHT586 located in  Rancho Palos
       Verdes, 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 WQHT586 was
        transmitting on 151.550 MHz nearly continuously.

     b. 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 monitored WQHT586 and observed a digitally
   modulated continuous signal on 151.550 MHz, a frequency shared with other
   licensees in the Los Angeles area. The agent observed no evidence of
   monitoring the transmitting frequency for communications in process or
   other measures to avoid interference by WQHT586.

     c. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
        transmit identification in accordance with the following provisions:
        (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 transmissions, or once each 15 minutes
        (30 minutes in the Public Safety Pool) during periods of continuous
        operation. The call sign shall be transmitted by voice in the English
        language or by International Morse Code in accordance with paragraph
        (b) of this section. If the station is employing either analog or
        digital voice scrambling, or non-voice emission, transmission of the
        required identification shall be in the unscrambled mode using A3E,
        F3E or G3E emission, or International Morse, with all encoding
        disabled." At the time of the monitoring, no identification of the
        station was observed.

    3.  On February 8, 2013 an agent of the Los Angeles Office inspected
       radio station WQHT586 located in Rancho Palos Verdes, 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." At the time of the inspection the station was not using
        trunking technology and all communications between the base station
        on 151.550 MHz and mobile units  on 159.675 MHz were on a single
        channel pair.

    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, Acumen Communication  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 Acumen
       Communication  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Acumen Communication,  with personal
       knowledge of the representations provided in Acumen Communication's
       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 Acumen Communication  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