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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-10-SD-0009
Communications USA, Inc. )
) Citation No.: C201032940002
Escondido, California )
CITATION
Released: March 3, 2010
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Communications
USA, Inc. ("CommUSA") for violation of Section 90.427(b) of the
Commission's Rules ("Rules").
2. An investigation by the Enforcement Bureau's San Diego Office
revealed that CommUSA had programmed radio transmitting equipment
with the frequency 455.500 MHz for which the La Mesa - Spring Valley
School District in La Mesa, California was not authorized under
either of their station licenses, WQIM291 and WNHS767.
3. Section 90.427(b) of the Rules states "[e]xcept for frequencies used
in accordance with S: 90.417, no person shall program into a
transmitter frequencies for which the licensee using the transmitter
is not authorized." By programming portable radio transmitters with a
frequency for which the La Mesa - Spring Valley School District is
not authorized, CommUSA violated Section 90.427(b) of the Rules.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. CommUSA may request an interview at the closest FCC Office, which is
Federal Communications Commission, 4542 Ruffner Street, Suite 370, San
Diego, California 92111. You may contact this office by telephone,
(XXX) XXXX-XXXXto schedule this interview, which must take place
within 14 days of this Citation. CommUSA may also submit a written
statement to the above address within 14 days of the date of this
Citation. Any written statements should specify what actions have been
taken to correct the violation outlined above. Please reference file
number EB-10-SD-0009 when corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Communications USA, Inc. at its record of address.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. 90.427(b).
Station WQIM291 is authorized a pair of VHF frequencies in the
Conventional Industrial/Business Pool. Station WNHS767 is authorized a
pair of 800 MHz frequencies in the Conventional Public Safety/Special
Emergency 801-821/851-866 Pool.
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission