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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nextel Communications of the Mid-Atlantic, Inc. ) EB-FIELDNER-12-00000712
)
Licensee of Radio Station WPSD599 )
)
Philipsburg, New Jersey ) NOV No. V201232400028
)
)
NOTICE OF VIOLATION
Released: February 14, 2012
By the Acting 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 Nextel Communications of the
Mid-Atlantic, Inc. (Nextel), the licensee of Specialized Mobile Radio
(SMR) Station WPSD599 in Philipsburg, New Jersey.
2. On January 22, 2012 in response to a complaint of interference, agents
of the Enforcement Bureau's Philadelphia Office used radio direction
finding techniques and located the interference source to a
bi-directional amplifier (BDA) owned by Nextel and operated by the
First Energy Telecommunications Facility at 301 Red School Lane in
Phillipsburg, New Jersey. The agents conducted on/off tests and
confirmed that the BDA was the source of the interference. During the
inspection of the BDA's operation, the agents observed the following
violation:
47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service must be
used and operated only in accordance with the rules applicable to their
particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this part,
except as specified in the Section 1.903(b)." The BDA was emitting a
drifting signal on approximately 806.13 MHz, a frequency not authorized by
Station WPSD599's license.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, Nextel 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, Pennsylvania 19047
4. This Notice shall be sent to Nextel Communications of the
Mid-Atlantic, Inc. 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
David C. Dombrowski
Acting District Director
Philadelphia District Office
Northeast 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