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 )
)
APC PCS, LLC. ) File No. EB-07-TP-046
Licensee of PCS Broadband Station WPZR323 )
Orlando, FL ) NOV No. V20073270003
)
NOTICE OF VIOLATION
Released: March 29, 2007
By the District Director, Tampa Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules ("Rules"), to APC PCS, LLC. ("APC"),
licensee of radio station WPZR323.
2. On March 8, 2007, agents of the Commission's Tampa Office of the
Enforcement Bureau investigated interference to PCS Channel Blocks A1
& A2 at the Grande Lakes Resort, 4040 Central Florida Parkway in
Orlando, FL., and observed the following violation:
a. 47 C.F.R. S 1.903(a): "General rule. 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, except as specified in paragraph (b) of this
section." APC, operating as Sprint Nextel, installed a Bi-Directional
Amplifier ("BDA") at the resort to provide their customers with
coverage inside the resort. The signal emitted by the BDA and the
cell site base station that it was repeating were operating below the
authorized band of 1941.25 to 1945.00 MHz, at 1940.0 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, APC must submit a written
statement concerning this matter within 20 days of release of this
Notice. The response must fully explain the violation and must contain
a statement of the specific action(s) taken to correct the violation.
In order to preclude recurrence, it is imperative that all cell site
base stations and BDAs in this Market Area are in compliance. The
response must be complete in itself and signed by a principal or
officer of the licensee with personal knowledge of the matter. 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
Tampa Office
2203 Lois Avenue, Suite 1215
Tampa, FL 30096
4. This Notice shall be sent to APC 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
Ralph M. Barlow
District Director
Tampa District Office
South Central 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