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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-FIELDWR-12-00003700
Kaiser Permanente )
Licensee of Station WQPH211 ) NOV No. V201332960008
Oakland, California 94612 )
)
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 Permanente, licensee of
radio station WQPH211 in Oakland, 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 August 2, 2012, the Enforcement Bureau's San Francisco Office
received an interference complaint from the licensee of land mobile
radio station WNKP863 concerning an interfering signal that was
degrading communications to their radio signals within the area of
their operation in Burlingame, California. Station WNKP863 reported
that the interfering signal on their radio mobile frequency of 464.425
MHz was a strong steady data burst in rapid intervals.
3. On August 8 and 9, 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 464.425 MHz
transmitting from a radio station located at 1800 Harrison St.,
Oakland, 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, WQPH211, operating on the
same frequency. On August 9, 2012, the agent inspected station WQPH211
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 WQPH211 transmitted signal strength level was 31.0 dBu
from the actual location, 37'038'22.54" north latitude and
122'025'17.05" west longitude, approximately 25.0 km radius from its
fixed mobile relay station location. The station exceeded its
authorized 39.0 dBu signal strength within the 5 km radius of its
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 August 9,
2012, the San Francisco agent observed during the period of
approximately 11:00 a.m. to 1:00 p.m. (PDT) that no call sign was
transmitted. Station WQPH211 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 WQPH211 digital transmission on 464.425 MHz was interfering
with another licensee operating on the shared channel frequency
within approximately 25 km radius from its fixed mobile relay station
location. Station WQPH211 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 Permanente 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
Permanente 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 Permanente with personal knowledge of the
representations provided in Kaiser Permanente'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 Permanente 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
3
Federal Communications Commission