Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )


   Electrocomm - Michigan, Inc. ) File No.: EB-FIELDNER-13-00008304

   Licensee of Stations WPXM787, WPZA841 and )

   WQBR464 ) NOV No.: V201332360032


   Detroit, Michigan )

                              NOTICE OF VIOLATION

   Released: July 1, 2013

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Electrocomm - Michigan, Inc.
       (Electrocomm), licensee of Private Land Mobile Radio Stations WPXM787,
       WPZA841 and WQBR464 in Troy, Michigan and Detroit, Michigan. 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 noted herein.^

    2. On April 16, 2013, agents of the Enforcement Bureau's Detroit Office
       monitored Private Land Mobile Radio Station WPXM787 and inspected
       Private Land Mobile Stations WPXM781 and WQBR464, located at Cobo
       Center, Detroit, Michigan, and observed the following violation:

   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 inspection, the agents found that the Cobo Center was renting
   radios from Electrocomm pursuant to 47 C.F.R. S 90.179, which allows
   licensees of private land mobile stations to "share the use of their
   facilities." Under 47 C.F.R. S 90.179(b), the licensee "is responsible for
   assuring that the authorized facility is used only. . .consistent with the
   requirement of this rule part." The agents found that the radios were
   programmed with, inter alia, the frequencies 469.975 MHz and 457.500 MHz.
   Electrocom does not have authorization to operate on 469.975 MHz under any
   of its licenses. In addition, although Electromm's license for Station
   WPXM787 authorizes operation on 457.500 MHz, such operation must take
   place within a 25 km radius of the fixed location of 42DEG32'48.1"N
   latitude, 083DEG08'14.7"W longitude. The Cobo Center is 25.4 km from the
   fixed location.

    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, Electrocomm - Michigan, 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 Electrocomm -
       Michigan, Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an individual who has personal knowledge of the representations
       provided in Electrocomm - Michigan Inc.'s response and who has the
       authority to verify the truth and accuracy of the information
       therein,^ and confirm that all of the information requested by this
       Notice which is in the possession, custody, control, or knowledge of
       Electrocomm - Michigan, Inc. 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    6. This Notice shall be sent to Electrocomm - Michigan, 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.


   James A. Bridgewater

   District Director

   Detroit District Office

   Northeast 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