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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Clackamas 800 Radio Group ) File No. EB-FIELDWR-12-00005244
Licensee of Station WPYM383 )
)
Boring, Oregon ) NOV No. V201332920003
NOTICE OF VIOLATION
Released: December 14, 2012
By the Resident Agent, Portland Resident Agent 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 Clackamas 800 Radio Group
(Clackamas), licensee of radio station WPYM383 in Boring, Oregon.
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 November 2, 2012, in response to an interference complaint on
public safety frequency 806.2375 MHz, an agent of the Enforcement
Bureau's Portland Office inspected a 10-Channel, 800-MHz Trunked
Public Safety Radio Systems installed and operated by Clackamas County
at the address 19750 Polehm Road, Oregon City, Oregon (also known as
the Redland site). The inspection revealed that a Motorola Quantro
amplifier associated with Channel 9 of the systems was transmitting
spurious emissions ranging from frequencies approximately 806.072 MHz
to 807.1228 MHz. The following violation was observed:
a. 47 C.F.R. S: 90.219(a): "The amplified signal is retransmitted only
on the exact frequency(ies) of the originating base, fixed, mobile,
or portable station(s)." The Motorola Quantro amplifier associated
with the WPYM383 800-MHz trunked systems was transmitting spurious
emissions outside the station's authorized frequencies. Subsequent to
the inspection, the contracted technicians replaced the faulty
amplifier and resolved the interference caused by these emissions.
3. 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,
Clackamas 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 Rules, we direct Clackamas to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Clackamas with personal knowledge of the representations provided in
Clackmas' 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6. This Notice shall be sent to Clackamas 800 Radio Group 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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