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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dick Pacific )
) File No. EB-07-HL-211
Licensee of Radio Station WQFN497 )
Honolulu, Hawaii ) NOV No. V20073286012
)
)
NOTICE OF VIOLATION
Released: September 25, 2007
By the Resident Agent, Honolulu 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 Dick Pacific, licensee of radio
station WQFN497 in Honolulu, Hawaii.
2. On September 13, 2007, in response to a complaint of interference,
agents of the Enforcement Bureau's Honolulu Office inspected radio
station WQFN497 (a Trimble HPB450 radio modem) located at the NCTAMS
PAC military installation, Wahiawa, HI, 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 ...." The WQFN497 station license
authorizes Dick Pacific to operate a mobile itinerant station (MOI)
statewide on 467.8625, 467.8875 or 467.9125 MHz with an output power
of 2 watts or to operate a mobile station (MO) within a 60-mile km
radius around 21-17-3.2 N x 157-50-14.5 W, Honolulu, HI on 468.2625,
468.2875, 468.3625, 468.4375, 468.4625, 468.5125, 468.5375, 468.5625,
468.5875, 468.8125, 468.8375 or 468.2125 MHz with an output power of
2 watts. A Trimble HPB450 radio modem was operating on 469.600 MHz
with 35 watts of output power. This operation was causing
interference to WNMM962, Honolulu, Hawaii.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Dick Pacific, 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 Dick
Pacific. 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
Honolulu Office
P.O. Box 971030
Honolulu, Hawaii 96797-1030
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Dick Pacific 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
Ryan Hagihara
Resident Agent
Honolulu 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