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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

    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

    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