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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Nextel License Holdings 1, Inc. ) File No.: EB-FIELDSCR-13-00007267


   Licensee of Several Specialized Mobile Radio )

   Stations )

   ) NOV No.: V201332600008

   Miami Beach, Florida )


                              NOTICE OF VIOLATION

   Released: April 1, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules^ (Rules) to Nextel License Holdings 1, Inc.,
       licensee of several Specialized Mobile Radio (SMR) stations^ in Miami
       Beach, Florida. Pursuant to Section 1.89(a) of the Rules, issuance of
       this NOV 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 March 6, 2013, based on a complaint of interference by a local
       public safety agency to its 800 MHz Trunked Public Safety
       communications system, agents of the Commission's Miami Office located
       the source of the interfering transmissions to a transmission node of
       an outdoor Distributed Antenna System (DAS) that Nextel License
       Holdings 1, Inc. installed and operated in front of 5959 Collins
       Avenue, Miami Beach, Florida 33140, and observed the following

          a. 47 C.F.R. S 1.903(a): "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 licenses for Nextel SMR Call
             Signs authorize Nextel License Holdings 1, Inc. to provide SMR
             communications in the 806-824/851-869 MHz band in the Miami-Ft.
             Lauderdale Market (Market Number BEA031). At the time of the
             inspection, the DAS node at the location referenced above was
             transmitting a constant, wideband signal across the entire
             851-869 MHz band.

          b. 47 C.F.R. S 90.403(e): "Licensee 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
             inspection, Nextel License Holdings 1, Inc. was apparently not
             monitoring its system, because it was unaware that it was
             transmitting a constant wideband signal and interfering with
             vital public safety communications. According to the
             complainant, the interference had existed for several weeks.

    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, Nextel License Holdings 1, 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 Nextel License
       Holdings 1, 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 Nextel License Holdings 1, Inc. with personal
       knowledge of the representations provided in Nextel License Holdings
       1, Inc.'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.^

    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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152

    6. This Notice shall be sent to by Certified Mail, Return Receipt
       Requested, and First Class Mail to Nextel License Holdings 1, 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. 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.^


   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ Nextel License Holdings 1, Inc. holds several SMR licenses in the
   Miami-Ft. Lauderdale Market (Market Number BEA031). According to Sprint
   Nextel Corporation personnel, their system in Miami Beach was programmed
   to transmit on various specific channels in the SMR band, licensed under
   the following 13 call signs: WPLM635, WPLM636, WPLM637, WPSB812, WPSB911,
   WPSC200, WPSC386, WPSC476, WPSC675, WPSC876, WPSC970, WPSD427, and
   WPSD525, hereinafter collectively referred to as the "Nextel SMR Call

   ^ 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).

   ^ 18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission