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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-FIELDWR-12-00004800
Kaiser Foundation Hospitals )
Licensee of Station WQET416 ) NOV No. V201332960007
Richmond, California )
)
NOTICE OF VIOLATION
Released: November 6, 2012
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 (Rules), to Kaiser Foundation Hospitals
(Kaiser), licensee of radio station WQET416 in Richmond, California.
Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 September 13, 2012, the Enforcement Bureau's San Francisco Office
received an interference complaint from the licensee of land mobile
radio station WPRT304 concerning an interfering signal that was
degrading communications to their radio signals within the area of
their operation in San Francisco, California. Station WPRT304 reported
that the interfering signal on their radio mobile frequency of 464.775
MHz was a constant, loud data burst; and station identification was
not heard from the interfering signal.
3. On September 27, 2012, in response to the interference complaint, an
agent of the San Francisco Office using mobile direction finding
techniques located the source of the interfering signal on 464.775 MHz
transmitting from a radio station located at 901 Nevin Avenue in
Richmond, California. The agent monitored and confirmed that the
reported data burst was a strong digital encrypted signal transmitted
from a fixed mobile relay radio station, located at Kaiser Permanente
Medical Center, operating on the same frequency. On September 27,
2012, the agent inspected station WQET416 and observed the following
violations:
a. 47 C.F.R. S: 90.205(h)(1): "The maximum allowable station effective
radiated power (ERP) is dependent upon the station's antenna HAAT and
required service area and will be authorized in accordance with table
2 . . ." During the time of investigation, the San Francisco agent
observed that WQET416 transmitted signal strength level was 35.0 dBu
from the actual location, 37'058'43.00" north latitude and
122'021'12.00" west longitude, approximately 5.0 km radius from its
fixed mobile relay station location. The station's allowed signal
strength must be 31.0 dBu at the edge of the 5.0 km radius of the
service area of operation.
b. 47 C.F.R. S: 90.425(a)(1): "Stations licensed under this part . . .
shall be identified by the transmission of the assigned call sign
during each transmission or exchange of transmissions, or once each
15 minutes during periods of continuous operation." On September 27,
2012, the San Francisco agent observed during the period of
approximately 10:00 a.m. to 2:00 p.m. (PDT) that no call sign was
transmitted. Station WQET416 failed to identify with its call sign.
c. 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 determined
that the WQET416 digital transmission on 464.775 MHz was interfering
with another licensee operating on the shared channel frequency
within approximately 16.0 km radius from its fixed mobile relay
station location. Station WQET416 failed to monitor station operation
within the area of its operation.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Kaiser 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.
5. In accordance with Section 1.16 of the Rules, we direct Kaiser to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Kaiser with personal knowledge of the representations provided in
Kaiser'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.
6. 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, California, 94588-8543
7. This Notice shall be sent to Kaiser at its address of record.
8. 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
David K. Hartshorn
District Director
San Francisco 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 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