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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
T-Mobile License LLC ) File No. EB-FIELDNER-12-00005750
Licensee of Station WQGA720 )
Lansing, MI ) NOV No. V201332360018
)
NOTICE OF VIOLATION
Released: February 5, 2013
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to T-Mobile License LLC (T-Mobile),
licensee of Advanced Wireless Service (AWS) Station WQGA720 in
Lansing, Michigan. Pursuant to Section 1.89(a) of the Rules, issuance
of this NOV does not preclude the Enforcement Bureau from further
action if warranted, including issuing a Notice of Apparent Liability
for Forfeiture for the violation noted herein.^
2. On December 14, 2012, in response to a report of interference to
Broadcast Auxiliary Service stations in the Lansing area, an agent of
the Enforcement Bureau's Detroit Office conducted an investigation and
found the following violation:
47 C.F.R. S Section 27.1133: "Protection of Part 74 and Part 78
operations. AWS operators must protect previously licensed Broadcast
Auxiliary Service (BAS) and Cable Television Radio Service (CARS)
operations in the adjacent 2025-2110 MHz band. In satisfying this
requirement AWS licensees must, before constructing and operating any base
or fixed station, determine the location and licensee of all BAS or CARS
stations authorized in their area of operation and coordinate their
planned stations with those licensees." The agent determined that
T-Mobile did not coordinate with the BAS licensees in the Lansing area
prior to operating AWS Station WQGA720, which resulted in interference to
several BAS stations.
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, T-Mobile Licensee LLC 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 T-Mobile
License LLC to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of T-Mobile with personal knowledge of the
representations provided in T-Mobile'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.^
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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan, 48335
6. This Notice shall be sent to T-Mobile License LLC 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
James A. Bridgewater
District Director
Detroit District Office
Northeast 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