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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Colorado Springs Utilities ) File No. EB-08-DV-0267
Licensee of Radio Station WQCR605 )
Leadville, Colorado ) NOV No. V200832800019
)
NOTICE OF VIOLATION
Released: July 16, 2008
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 Colorado Springs Utilities,
licensee of radio station WQCR605 in Leadville, Colorado.
2. On June 27, 2008, in response to a complaint of interference on
127.925 MHz from the Federal Aviation Administration (FAA), an agent
of the Enforcement Bureau's Denver Office, using mobile direction
finding techniques, located the source of interference to be radio
station WQCR605, located at the Bureau of Reclamation Building atop
Hagerman Pass Electronic site, near Leadville, Colorado. The agent
observed the following violation:
a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference." At the time of the
observation, the Denver agent determined that the interference was
caused by spurious emissions emanating from Colorado Springs
Utilities, radio station WQCR605, authorized to operate on a center
frequency of 159.600 MHz. The Colorado Springs Utilities transmitter
was confirmed as the source of interference by the FAA and a Bureau
of Reclamation employee on July 1, 2008.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Colorado Springs Utilities
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
Colorado Springs Utilities. 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 Colorado Springs Utilities, 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