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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Prospect Heights Fire Protection District ) File No.:
EB-FIELDNER-13-00006629
Licensee of Station KSD839 )
Prospect Heights, IL ) NOV No.: V201332320005
NOTICE OF VIOLATION
Released: February 26, 2013
By the District Director, Chicago 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 Prospect Heights Fire Protection
District, licensee of Private Land Mobile Station KSD839 in Prospect
Heights, Illinois. 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 violation noted herein.^
2. On February 8, 2013, an agent of the Enforcement Bureau's Chicago
Office inspected Station KSD839 in Prospect Heights, Illinois, and
observed the following violation:
47 C.F.R. S 1.903(a): "General rule. Stations in the Wireless Radio
Services must be used and operated only in accordance with the rules
applicable to their particular service as set forth in this title and with
a valid authorization granted by the Commission under the provisions of
this part, except as specified in paragraph (b) of this section." At the
time of inspection, the agent found Prospect Heights Fire Protection
District transmitting from the approximate geographic location of
42DEG05'45"N latitude, 087DEG56'8"W longitude. The license for KSD839
authorizes the geographic location of 42DEG05'38.1"N, 087DEG54'52.2"W and
transmitting from any other location is not permitted by Station KSD839's
authorization.^
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, Prospect Heights Fire Protection District, 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 Prospect
Heights Fire Protection District to support its response to this
Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Prospect Heights Fire
Protection District with personal knowledge of the representations
provided in the Prospect Heights Fire Protection District'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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Prospect Heights Fire Protection District
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 M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ We note that, if Prospect Heights Fire Department District obtains
authorization from the Commission to continue to operate from its current
location, it will need to obtain an updated antenna structure registration
for antenna structure number 1206174, which may require a new FAA study.
^ 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