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

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	)
	)
Air Communications Services Inc.	)		File No.
EB-FIELDWR-15-00018538
Licensee of Radio Station WPTF286	)
1239609 )
Montrose, California	)	NOV No.  V201532900002
	)



NOTICE OF VIOLATION
	Released:  April 9, 2015

By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:


* This is a Notice of Violation ("Notice") issued pursuant to Section 1.89
of the Commission's Rules, to Air Communications Services Inc., licensee
of radio station WPTF286, in Montrose, 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.
* On February 23-27, March 2, and March 10, 2015, in response to a
complaint of interference, an agent of the Enforcement Bureau's Los
Angeles Office monitored radio station WPTF286 located at Montrose
(Mt. Lukens), California, and observed the following violation(s):

  + 47 C.F.R. § 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, WPTF286 was
  transmitting on 463.7 MHz, which is a frequency shared with other
  licensees in the Los Angeles area. The WPTF286 transmissions were
  observed to occur without regard to on-going transmissions of other
  co-channel licensees in the Los Angeles area which caused harmful
  interference and prevented the effective sharing of the frequency with
  other licensed users.

  + 47 C.F.R. § 90.425(a):  "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...."	During the agent's monitoring for an extended period,
  no call sign identification was observed.

* 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,
Air Communications Services 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.

* In accordance with Section 1.16 of the Rules, we direct Air
Communications Services 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 Air Communications Services Inc. with personal
knowledge of the representations provided in Air Communications Services
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.

* 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

* This Notice shall be sent to Air Communications Services Inc. at its
address of record.

* 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




Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau