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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Repeater Users Group ) Ref. No.:
EB-03-LA-040
Licensee of GMRS Radio Station KAD3271 )
Corona, CA ) NOV No.
V20033290001
)
Attention: Ed Greany Jr.
NOTICE OF VIOLATION
Released Date: August 8,
2003
By the District Director, Los Angeles Office, Enforcement
Bureau:
1. This is an Official Notice of Violation (Notice)
issued pursuant to Section 1.89 of
the Commissions Rules1, to Repeater Users Group, licensee
of GMRS radio station KAD3271.
2. On February 10, 2003, the Commission's Los
Angeles Office received information that a
grandfathered GMRS licensee had renewed an
existing GMRS system license after making a
major modification to the licensee's GMRS
system. An agent of the Commission's Los
Angeles Office monitored the radio frequency
462.675 MHz and heard numerous stations
identifying with call sign KAD3271.
3. On April 1, 2003, an agent attempted to
inspect the radio equipment of GMRS radio
station KAD3271 located at 915 N. Euclid,
Anaheim CA. The resident advised the agent
that for the last nine years no radio equipment
had been at that location. The following
violations were observed:
a. 47 C.F.R. § 95.5(b): ``A non-individual (an
entity other than an individual) is
ineligible to obtain a new GMRS system
license or make a major modification to an
existing GMRS system license (see § 1.929 of
this chapter).'' Major modifications to a
GMRS system are defined in 47 C.F.R.
§1.929(c)(4) and on line 4 under the
``Certification Statements for GMRS
Applicants'' on FCC Form 605 as: a change in
frequency or channel pairs, type of emission,
antenna height, location of fixed
transmitters, number of mobile units, area of
mobile operation, or increase in power. A
search of Commission records revealed that
the Repeater Users Group, GMRS radio station
KAD3271, is authorized only one fixed
transmitter location at 915 N. Euclid,
Anaheim, CA. At the time of the inspection
the Repeater Users Group was not operating
any fixed transmitters at 915 N Euclid, in
Anaheim, CA.
b. 47 C.F.R. §1.947(a): ``All major
modifications, as defined in § 1.929 of this
part, require prior Commission approval.
Applications for major modifications also
shall be treated as new applications for
determinations of filing date, Public Notice,
and petition to deny purposes.'' A Search of
Commission records revealed that a
notification of a change in location of the
Repeater Users Group, GMRS radio station
KAD3271, fixed transmitter had not been
received by the Commission.
c. 47 C.F.R. § 95.5(c): `` A GMRS system
licensed to a non-individual before July 31,
1987, is eligible to renew that license and
all subsequent licenses based upon it if: (3)
The licensee has not been granted a major
modification to its GMRS system.'' According
to Commission records, Repeater Users Group
was granted a renewal of its GMRS radio
station license KAD3271 on July 18, 2002.
However, Repeater Users Group failed to
notify the Commission of their location
change.
d. 47 C.F.R. §1.65(a): ``Each applicant is
responsible for the continuing accuracy and
completeness of information furnished in a
pending application or in Commission
proceedings involving a pending
application...'' The signator for the
Repeater User Group by signing FCC Form 605
certified that no major modifications to the
Repeater Users Group GMRS radio system, as
stated in item 4 of the ``Certification
Statements for GMRS Applicants,'' had been
implemented which was substantially
inaccurate at the time of the submission of
the application for renewal on July 12, 2002.
4. Pursuant to Section 308(b) of the Communications Act
of 1934, as amended,2 and Section 1.89 of the Commission's
Rules, Repeater Users Group, must submit a written
statement concerning this matter within 20 days of the
release of this Notice. The response must fully explain
each violation, must contain a statement of specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion
of pending corrective action(s). The response must be
complete in itself and signed by a principal or officer of
the licensee. 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 Road Suite 660
Cerritos, CA. 90703
5. This Notice shall be sent to Repeater Users Group,
1741 Spring Ln, Corona, CA. 91720.
6. The Privacy Act of 19743 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 your 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. Code4.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles Office
_________________________
1 47 C.F.R. § 1.89
2 47 U.S.C. § 308(b)
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3)
4 18 U.S.C. § 1001 et seq