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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Vulcan Northwest ) File No. EB-FIELDWR-12-00003790
Licensee of Station WPOZ551 )
Lopez Island, WA ) NOV No. V201232980003
)
NOTICE OF VIOLATION
Released: September 13, 2012
By the Acting District Director, Seattle District 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 Vulcan Northwest, licensee of radio
station WPOZ551 in Lopez Island, Washington. Pursuant to Section
1.89(a) of the Commission's Rules, issuance of this NOV does not
preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On August 16, 2012, an agent of the Enforcement Bureau's Seattle
District Office inspected radio station WPOZ551, located at 1469
Sperry Road, Lopez Island, Washington, and observed the following
violation:
a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services 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 paragraph (b) of this section." Vulcan
Northwest is operating a fixed repeater station on the frequency
451.4375 MHz, and a second fixed repeater station on 451.6375 MHz.
The radio station license, WPOZ551, authorizes operation only by
mobile radio stations (MO) on these frequencies, 451.4375 MHz and on
451.6375 MHz.
b. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services 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 paragraph (b) of this section." Vulcan
Northwest is operating mobile radio stations (MO) on 456.4375 MHz and
on 456.6375 MHz, using modulation type 7K60FXE on both frequencies.
Vulcan Northwest's radio station license, WPOZ551, authorizes
operation by mobile radio stations (MO) on 456.4375 MHz and on
456.6375 MHz, with modulation type11K0F3E.
c. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. [Author ID1: at Fri Sep 7
10:57:00 2012 ] 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."
[Author ID1: at Fri Sep 7 10:57:00 2012 ]Vulcan Northwest is
operating an [Author ID1: at Fri Sep 7 10:57:00 2012
]unauthorized[Author ID2: at Fri Sep 7 10:58:00 2012 ] repeater
station on 451.6375 MHz, causing interference to a Canadian repeater,
call sign VEO585, [Author ID1: at Fri Sep 7 10:57:00 2012
]operating[Author ID2: at Fri Sep 7 10:59:00 2012 ] [Author ID1: at
Fri Sep 7 10:57:00 2012 ]on[Author ID2: at Fri Sep 7 10:59:00 2012 ]
the same[Author ID2: at Fri Sep 7 11:00:00 2012 ] output
frequency[Author ID1: at Fri Sep 7 10:57:00 2012 ],[Author ID2: at
Fri Sep 7 11:00:00 2012 ] 451.6375 MHz. Vulcan Northwest is also
operating [Author ID1: at Fri Sep 7 10:57:00 2012 ]mobile radio
stations ([Author ID2: at Fri Sep 7 11:02:00 2012 ]MO[Author ID1: at
Fri Sep 7 10:57:00 2012 ])[Author ID2: at Fri Sep 7 11:02:00 2012 ],
call sign WPOZ551, on 456.6375 MHz, and failing to monitor before
transmitting, causing interference to the input frequency of the
Canadian licensee's repeater station, call sign VEO585. [Author ID1:
at Fri Sep 7 10:57:00 2012 ][Author ID1: at Fri Sep 7 10:57:00 2012 ]
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Vulcan Northwest must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Vulcan Northwest to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Vulcan Northwest with personal knowledge of
the representations provided in Vulcan Northwest's response, verifying
the truth and accuracy of the information therein, and confirming that
all of the information requested by this Notice which is in the
licensee's possession, custody, control, or knowledge has been
produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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 District Office
11410 NE 122nd Way, Suite 312
Kirkland, Washington 98034
6. This Notice shall be sent to Vulcan Northwest at its address of
record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Leo Cirbo
Acting District Director
Seattle District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 308(b).
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission