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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
USA Mobility Wireless, Inc. ) File No. EB-10-PA-0161
)
Licensee of Radio Station WPSG659 ) NOV No. V201032400046
)
Philadelphia, Pennsylvania )
)
NOTICE OF VIOLATION
Released: July 26, 2010
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to USA Mobility Wireless, Inc. ("USA
Mobility"), the licensee of station WPSG659 in Philadelphia,
Pennsylvania.
2. On May 26, 2010, the Commission's Philadelphia Office received a
complaint from Cellnet Technology Northeast, Inc. ("Cellnet"), the
licensee of station WPNE497, alleging that its wireless meter reading
system in Philadelphia, Pennsylvania was experiencing harmful
interference on the frequency 928.3125 MHz. In response to the
complaint, on May 28, 2010, agents of the Commission's Philadelphia
Office inspected radio station WPSG659 located at the Saint
Christopher's Hospital for Children in Philadelphia, Pennsylvania and
observed the following violation:
47 C.F.R. S: 22.359(a): "The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB." At the
time of the inspection, agents found that USA Mobility's 929.6125 MHz
paging transmitter was generating a spurious emission on the frequency
928.3135 MHz that exceeded the emission mask limit by 24 dB. The
Philadelphia Office found that the spurious emission on 928.3125 MHz was
causing harmful interference to Cellnet's wireless meter reading system.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, USA Mobility 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 a principal or officer of the
licensee. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, PA 19047
4. This Notice shall be sent to USA Mobility 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
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
According to Section 90.493(b) of the Commission's Rules, 47 C.F.R. S:
90.493(b), paging operations on exclusive channels in the 929-930 MHz
band, such as station WPSG659, are subject to the licensing, construction
and operation rules of Part 22.
The FCC measured the level of the spurious emission to be -67 dBm. The
level of the fundamental was measured to be -24 dBm; a difference of 43
dB. Based on the transmitter output power of 250 Watts, the spurious
emission should be attenuated at least 67 dB below the authorized
transmitting power.
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