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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Irvine )
) File No. EB-08-LA-0320
Licensee of Radio Station WPMT602 )
)
Irvine, California )
)
) NOV No. V200832900011
)
NOTICE OF VIOLATION
Released: September 30, 2008
By the Acting Interim District Director, Los Angeles 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 City of Irvine, licensee of radio
station WPMT602 in Irvine, California.
2. On September 26, 2008, an agent of the Enforcement Bureau's Los
Angeles Office monitored and inspected radio station WPMT602 located
at 13212 . Culver Blvd., Irvine, CA, and observed the following
violation:
a. 47 C.F.R. S: 1.903(a): "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..." The WPMT602 license
requires that the authorized transmitters operate only on the
frequency 453.0875 MHz. At the time of the monitoring and inspection,
the transmitter was found to be operating on 456.550 MHz which is a
frequency not authorized by the WMPT602 license, or any other
authorization issued to the City of Irvine.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, City of Irvine, 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 the
City of Irvine. 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
Los Angeles Office
18000 Studebaker Rd.
Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to City of Irvine 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
Margaret Egler
Acting Interim District Director
Los Angeles 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