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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Donald F. Melcher ) File No. EB-11-SF-0116
Licensee of Radio Station W6CZ )
Mariposa, California ) NOV No. V201132960013
)
)
)
)
NOTICE OF VIOLATION
Released: September 29, 2011
By the District Director, San Francisco 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 Donald F. Melcher, licensee of
Amateur Radio Service station W6CZ near Mariposa, California
2. On July 19, 2011, agents of the Enforcement Bureau's San Francisco
Office, in response to a complaint, used mobile direction finding
techniques to locate W6CZ near Mariposa, California. Inspection of
W6CZ revealed that an inappropriately stored telegraph speed key was
causing the station to continuously radiate a signal, and observed the
following violations:
a. 47 C.F.R. S: 97.119(a): "Each amateur station, except a space station
or telecommand station, must transmit its assigned call sign on its
transmitting channel at the end of each communication, and at least
every 10 minutes during the communications, for the purpose of
clearly making the source of the transmissions from the station known
to those receiving the transmissions. No station may transmit
unidentified communications or signals, or transmit as the station
call sign, any call sign not authorized to the station." On July 19,
2011 between approximately 1:00 p.m. and 2:54 p.m., agents determined
that W6CZ failed to transmit its call sign.
b. 47 C.F.R. S: 97.103(a): "The station licensee is responsible for the
proper operation of the station in accordance with the FCC Rules." At
the time of inspection, agents determined that an inappropriately
stored telegraph speed key was causing W6CZ to transmit a continuous
"dotter" (A1A) signal that interfered with amateur radio stations
attempting to operate on 18.0856 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Donald F.
Melcher, 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 Donald F.
Melcher. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent to Donald F. Melcher at his 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
Thomas N. Van Stavern
District Director
San Francisco 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