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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

     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.


   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


                       Federal Communications Commission