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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Manson Construction & Engineering Co. ) File No. EB-08-ST-007
)
Licensee of Station WQAU454 ) NOV No. V20083298003
Seattle, Washington )
)
NOTICE OF VIOLATION
Released: February 20, 2008
By the District Director, Seattle 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 Manson Construction & Engineering
Company (Manson), licensee of station WQAU454 in Seattle, Washington.
2. On January 29, 2008, in response to a complaint of interference from
Marine Terminals Corp., to frequency 469.4875 MHz, an agent of the
Enforcement Bureau's Seattle District Office, using a mobile
direction-finding vehicle monitored the frequency 469.4875 MHz, and
observed the following violations:
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." At the time of the investigation, the Seattle agent,
after tracking the signal to 2340 Alexander Ave., Tacoma, Washington,
observed continuous digital transmissions on the frequency 469.500
MHz. with an emission bandwidth of 25 KHz. After identifying the
signal as the source of the interference, the service technician for
Manson's transmitter turned the system off and the interference
ceased.
b. 47 C.F.R. S: 1.903(a): "Stations in the wireless Radio Service 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..." At the time of the investigation, the agent determined that
WQAU454 was transmitting on 469.500 MHz. with an emission bandwidth
of 25 KHz. WQAU454 is only authorized an emission bandwidth of 19.6
KHz. (19K6F1D).
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Manson must submit a
written statement concerning this matter within 10 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
Seattle District Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Manson, 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
Kristine A. McGowan
District Director
Seattle 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