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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
violations:
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission