Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
AA Dispatch, LLC ) File No. EB-10-ST-0048
WQBY764 )
)
Everett, Washington ) NOV No. V201032980002
)
)
NOTICE OF VIOLATION
Released: June 30, 2010
By the District Director, Seattle 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 AA Dispatch, LLC, licensee of radio
station WQBY764, in Everett, Washington.
2. On June 10, 2010, in response to complaints, an agent of the
Enforcement Bureau's Seattle Office monitored radio station WQBY764
located in Everett, Washington, and a second transmitter site located
in Issaquah, Washington, 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 agent observed
that the WQBY764 transmitter in Issaquah, Washington, was emitting a
continuous signal on 463.450 MHz. There was no evidence of monitoring
for communications in progress.
b. 47 C.F.R. S: 90.233(a): "Licensees employing non-voice communications
are not relieved of their responsibility to cooperate in the shared
use of land mobile radio channels." At the time of the investigation,
AA Dispatch, LLC, was not operating in a manner that ensured share
use of the licensed channels, given the continuous signal it was
emitting on 463.450 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, AA Dispatch, LLC,
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 the
AA Dispatch, LLC. 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
Seattle Office
11410 NE 122nd Way, Suite 312
Kirkland, Washington 98034-6927
4. This Notice shall be sent to AA Dispatch, 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
Kristine McGowan
District Director
Seattle District 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