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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Harold Pick ) File No. EB-08-LA-0318
)
Licensee of Radio Station WQCD501 1239609 ) NOV No. V200932900002
)
Inglewood, California )
NOTICE OF VIOLATION
Released: November 17, 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 Harold Pick, licensee of radio
station WQCD501, Inglewood, California.
2. On October 1, and on October 6, 2008, an agent from the Enforcement
Bureau's Los Angeles Office investigated a complaint of interference
on the frequency of 463.725 MHz in the Los Angeles, California, area
and observed the following violations:
a. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful 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 station WQCD501
repeater on Mt Lukens was transmitting a digitally modulated
continuous signal, on 463.725 MHz, a frequency shared with other
licensees in the Los Angeles area. These transmissions were without
breaks for several hours, creating the potential for interference and
preventing the effective sharing of the frequency with other licensed
users.
b. 47 C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
(e) of this section, each station or system shall be identified by
the transmission of the assigned call sign during each transmission
or exchange of transmissions, or once each 15 minutes (30 minutes in
the Public Safety Pool) during periods of continuous operation." At
the time of the investigation, the WQCD501 repeater signal was
monitored for several hours and at no time was a call sign
identification heard.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Harold Pick must submit a
written statement concerning this matter within twenty (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 Harold Pick. 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 Harold Pick, at his 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