Click here for Adobe Acrobat version
Click here for Microsoft Word version

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.


   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


                       Federal Communications Commission