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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Douglas ) File No. EB-08-DV-317
Licensee of Station WPLW647 )
) NOV No. V200932800001
Castle Rock, Colorado )
)
NOTICE OF VIOLATION
Released: October 6, 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 ("Rules"), to the County of Douglas
("Douglas"), licensee of station WPLW647 in Castle Rock, Colorado. The
Rules require we provide Douglas with this Notice prior to the
institution of revocation, suspension, or cease and desist proceedings
against Douglas and its license.
2. Douglas operates with a bi-directional amplifier ("BDA") atop Swank
Mountain near Palmer Lake, Colorado, that is primarily used for 800
MHz fill-in radio reception for the Larkspur Fire Department in
Larkspur, Colorado and surrounding Douglas County areas.
3. On October 5, 2007, in response to a complaint of interference from
the Cities of Arvada and Westminster, Colorado, police departments,
agents from the Enforcement Bureau's Denver Office, located the source
of interference to a BDA used by the Douglas County Public Safety 800
MHz system. At the time of the investigation, the BDA was emitting a
spurious signal on 822.0625 MHz, a frequency not authorized by the
WPLW647 license. On October 30, 2007, the Denver Office issued a
Notice of Violation ("2007 NOV") stating that Douglas had violated
Section 1.903(a) of the Rules by operating on a frequency not
authorized by its license. Douglas responded to the NOV and stated,
"...we cooperated in every possible way to ensure we were not causing
the interference and given the condition of the BDA, frequency being
reported, and the fact that the interference was gone before we
shutdown the BDA; [we] do not believe we were the source of the
interference."
4. On August 4, 2008, in response to another complaint of interference to
frequency 811.2375 MHz from the City/County of Denver police
department, Denver Office agents located the source of interference to
the same location as the October 5, 2007, investigation. At the time
of the investigation, the BDA was emitting a spurious signal which
drifted from 811.2339 to 811.2362 MHz, frequencies not authorized by
the WPLW647 license.
5. On August 27, 2008, in response to another complaint of interference
to frequency 811.2375 MHz from the City/County of Denver police
department, Denver Office agents located the source of interference to
the same location as the October 5, 2007, and August 4, 2008,
investigations. At the time of the investigation, the BDA was emitting
a spurious signal which drifted from 811.2055 to 811.2375 MHz,
frequencies not authorized by the WPLW647 license. Later that day, an
on-scene written warning was issued to Douglas at their address of
record.
6. In response to the August 4 and August 27, 2008, complaints, Denver
Office agents monitored and inspected the BDA at Swank Ranch, and
observed the following violations:
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 under the provisions of this
part..." On August 4, 2008, the BDA emitted spurious emissions on
811.2339 to 811.2362 MHz and on August 27, 2008, emitted spurious
emissions on 811.2055 to 811.2375 MHz.
b. 47 C.F.R. S: 90.219(e): "The licensee is given authority to operate
signal boosters without separate authorization from the Commission.
Certificated equipment must be employed and the licensee must ensure
that all applicable rule requirements are met." On August 27, 2008,
Douglas was using a BDA Model:BDA-PS8NDPS-1/50W-90-OS1, Serial Number
03081021 that was not certificated by the Commission.
7. If these unauthorized and interfering transmissions continue, we will
take additional enforcement action which may include substantial
monetary forfeitures, and the institution of revocation, suspension
and/or cease and desist proceedings.
8. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, the County of Douglas 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
Denver Office
215 S. Wadsworth Blvd. Suite 303
Lakewood, CO 80226
9. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to County of Douglas, at its address of record.
10. 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 C.F.R. S: 1.89(a).
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
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Federal Communications Commission