Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   New Cingular Wireless PCS, LLC ) File No. EB-09-PO-0080

   Licensee of Radio Station KNKN309 )

   Newberg, Oregon ) NOV No. V201032920005

                              NOTICE OF VIOLATION

   Released: January 8, 2010

   By the Resident Agent, Portland Resident Agent 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 New Cingular Wireless PCS, LLC
       ("Cingular"), licensee of radio station KNKN309.

    2. On December 30, 2009, in response to a complaint, an agent from the
       Enforcement Bureau's Portland Resident Agent Office monitored radio
       station KNKN309, in Newberg, Oregon, and observed the following

     a. 47 C.F.R. S: 22.917(d): "Interference caused by out of band
        emissions. If any emissions from a transmitter operating in this
        service results in interference to users of another radio service,
        the FCC may require a greater attenuation of that emission than
        specified in this section." On December 30, 2009, the agent
        determined that the cellular transmitter operating from cellular
        structure ASR # 1262727, Newberg, Oregon, was transmitting out of
        band emissions causing harmful interference to the complainant's
        station on the adjacent channel.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Cingular 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
       Cingular. 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

   Portland Resident Agent Office

   P.O Box 61469

   Vancouver, WA 98666-1469

    4. This Notice shall be sent to the New Cingular Wireless PCS, LLC, 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission