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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

Certified Mail #
Return Receipt Requested

In the Matter of                )
Cingular Wireless               )            File  No.  EB-05-ST-
P.O. Box 8229                   )
Aurora, IL  60572               )                               
NOV No.  V20053298007
                       NOTICE OF VIOLATION

                                             Released:  July 25, 

By the Acting District Director, Seattle Office, Western Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to 
     Cingular Wireless ("Cingular").

  2.      On March 22, 2005, the Snohomish County Emergency Radio 
     System reported receiving continuous interference to their 
     trunked radio system on the band between 821.3125 MHz and 
     821.7375 MHz.  Agents of the Commission's Seattle Office 
     utilized a mobile direction finding vehicle to trace the 
     source of interference to a Cingular Cellular/PCS donor site 
     located at 725 SE Everett Mall Way, Everett, Washington, and 
     observed the following violations:

  2.a.      47 C.F.R.  1.903:  ''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.''  On March 22, 
            2005, Cingular was transmitting in the band of 
            frequencies between 821.3125 MHz and 821.7375 MHz, 
            from 725 SE Everett Mall Way, Everett, Washington.  
            Cingular did not have an authorization to operate on 
            frequencies between 821.3125 MHz and 821.7375 MHz 
            from that location. 

  2.b.      47 C.F.R.  22.917(d): ``Interference caused by out 
            of band emissions. If any emission from a 
            transmitter operating in this service results in 
            interference to users of another radio service, the 
            FCC may require a greater attenuation of that 
            emission than specified in this section.''  On March 
            22, 2005, Cingular was transmitting out of its 
            licensed band, causing interference to the Snohomish 
            County Emergency Radio System.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Cingular must submit a written statement concerning 
     this matter within 20 days of release of this Notice.  The 
     response must fully explain each violation, must contain a 
     statement of the 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 Cingular.  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
               Seattle Office
               11410 NE 122nd Way, Suite 312
               Kirkland, WA 98034

  4.      Additionally, pursuant to Section 403 of the 
     Communications Act of 1934, as amended,3 and Section 1.17 of 
     the Commission's Rules,4 provide a complete explanation to 
     the following questions along with the requested information 
     and any relevant documents:

  4.a.      What is the make, model and manufacturer of the 
            equipment located at 725 SE Everett Mall Way, 
            Everett, Washington and what caused the equipment at 
            this location to produce the interference?

  4.b.      Pursuant to what authority does Cingular operate 
            this type of ``donor'' or repeater sites?  How does 
            Cingular utilize these sites and how are these sites 
            removed from service once a system build out makes 
            them redundant or obsolete?

Submit a sworn affidavit or declaration under penalty of perjury, 
signed by a principal, officer or director of Cingular Wireless, 
attesting to the truth and accuracy of the response.  

  5.      This Notice shall be sent by Certified Mail/Return 
     Receipt Requested and regular mail to Cingular Wireless, at 
     its address of record.

  6.      The Privacy Act of 19745 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.6

                                FEDERAL COMMUNICATIONS 

                                Kristine McGowan
                                Acting District Director
                                Seattle Office
                                Western Region
                                Enforcement Bureau


147 C.F.R.  1.89.

247 U.S.C.  308(b).

347 U.S.C.  403.

447 C.F.R.  1.17.

5P.L. 93-579, 5 U.S.C.  552a (e)(3).

618 U.S.C.  1001 et seq.