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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Brentwood ) File No. EB-06-SF-086
Licensee of Radio Stations WQCY221, )
WQCY224, WQCY226 )
) NOV No. V20063296002
Brentwood, CA )
Attention: Paul Eldredge
NOTICE OF VIOLATION
Released: May 24, 2006
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to the City of Brentwood ("City"),
licensee of radio stations WQCY221, WQCY224, and WQCY226.
2. On April 20, 2006, an agent of the Commission's San Francisco Office
monitored radio stationWQCY221 located in Brentwood, California, and
observed the following violation:
a. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
to avoid causing 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." On April 17, 2006, the Commission's San Francisco
Office received a report of interference to a communications system
from an unidentified signal on 457.400 MHz. On April 20, 2006, an
agent determined the source of the interference to be the City's
Supervisory Control and Data Acquisition (SCADA) system servicing
various City water wells, pumping stations, reservoirs, and waste
water system. On April 21, 2006, a City representative advised the
FCC agent that the radio system was not equipped with monitoring
equipment which would prevent transmissions when co-channel users
were active.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, City of
Brentwood, 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 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
San Francisco Office
5653 Stoneridge Dr., Suite 105
Pleasanton, CA 94588
4. This Notice shall be sent to City of Brentwood.
5. 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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission