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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Educational Communications of ) File No. EB-06-DV-495
Colorado Springs, Inc. )
Licensee of Radio Station K220IM )
Facility ID # 92692 )
Brush, Colorado ) NOV No. V20073280019
)
NOTICE OF VIOLATION
Released: February 22, 2007
By the District Director, Denver 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 Educational Communications of
Colorado Springs, Inc. ("Educational Communications"), licensee of
radio station K220IM in Brush, Colorado.
2. On December 27, 2006, in response to a complaint of interference to
the Federal Aviation Administration's localizer channel operating on a
center frequency of 111.9 MHz, agents of the Enforcement Bureau's
Denver Office, using mobile direction finding techniques, located the
source of interference to be radio station K220IM located at Fort
Morgan, Colorado, and observed the following violation:
a. 47 C.F.R. S 74.1203(e): "It shall be the responsibility of the
licensee of an FM translator or FM booster station to correct any
condition of
interference which results from the radiation of radio frequency energy
by its equipment on any frequency outside the assigned channel. Upon
notice by the Commission to the station licensee that such interference
is being caused, the operation of the FM translator or FM booster
station shall be suspended within three minutes and shall not be resumed
until the interference has been eliminated or it can be demonstrated
that the interference is not due to spurious emissions by the FM
translator or FM booster station; provided, however, that short test
transmissions may be made during the period of suspended operation to
check the efficacy of remedial measures." At the time of inspection,
agents determined that the interference was caused by spurious emissions
emanating from Educational Communications' FM translator K220IM,
authorized to operate on a center frequency of 91.9 MHz. The station
licensee was unable to remotely control the transmitter and therefore
unable to cease operations within three minutes of being notified that it
was causing interference. The K220IM transmitter was confirmed as the
source of interference through on/off tests conducted by others on-scene.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Educational Communications
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
Educational Communications. 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
Denver Office
215 South Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226-1566
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Educational Communications of Colorado
Springs, Inc., at its address of record.
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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
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