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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Fisher Wireless Services Inc. ) File No. EB-FIELDWR-12-00000601
)
Licensee of Radio Station WQEL622 )
La Cresenta, California ) NOV No. V201232900015
NOTICE OF VIOLATION
Released: March 7, 2012
By the District Director, Los Angeles 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 Fisher Wireless Services Inc.,
("Fisher Wireless") licensee of radio station WQEL622, La Cresenta,
CA.
2. On February 7, 2012, in response to a radio interference complaint, an
agent from the Enforcement Bureau's Los Angeles Office monitored the
frequency 461.875 MHz, and used direction finding and other
investigative techniques to identify transmissions from station
WQEL622, on Mt. Lukens in the Angeles National Forest near La
Cresenta, CA. The agent observed the following violations:
a. 47 C.F.R. S: 90.403(c): "Except for stations that have been granted
exclusive channels under this part and that are classified as
commercial mobile radio service providers pursuant to part 20 of this
chapter, each licensee must restrict all transmissions to the minimum
practical transmission time and must employ an efficient operating
procedure designed to maximize the utilization of the spectrum." At
the time of the investigation, the agent observed that WQEL622 was
transmitting on 461.875 MHz for long periods with a recurring 500
millisecond pulse, every three seconds.
b. 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 monitored
WQEL622 and observed that the recurring pulses, transmitted at three
second intervals, caused interference to transmissions on 461.875 MHz
which is a frequency shared with other licensees in the Los Angeles
area. When the agent contacted the representative of Fisher Wireless,
the representative advised that the interference protection mechanism
does not monitor the repeater output frequency but only monitors the
repeater input frequency.
c. 47 C.F.R. S: 90.425(a): "Identification procedure. Except as provided
for in paragraphs (d) and (e) of this section, each station or system
shall be identified by the transmission of the assigned call sign
during each transmission or exchange of transmissions, or once each
15 minutes (30 minutes in the Public Safety Pool) during periods of
continuous operation." At the time of the investigation, the agent
monitored the station and heard a Morse code signal, transmitting the
call sign WQDB744, which is also a license held by Fisher Wireless,
but does not authorize the use of frequency 461.875 MHz from the Mt
Lukens location. When the agent contacted a representative of Fisher
Wireless the representative reported that the call sign had been
incorrectly programmed into the repeater on Mt. Lukens.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Fisher Wireless
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 Fisher Wireless. 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
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, 90703
4. This Notice shall be sent to Fisher Wireless Services 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
Nader Haghighat
District Director
Los Angeles 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