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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mobile Relay Associates ) File No. EB-FIELDWR-12-00005161
Licensee of Station WQQA438 )
Pasadena, California ) NOV No. V201332900013
)
)
)
NOTICE OF VIOLATION
Released: March 20, 2013
By the Acting District Director, Los Angeles 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 Mobile Relay Associates,
licensee of radio station WQQA438 in Pasadena, 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 violation(s) noted herein.^
2. On July 2, October 29, and December 11, 2012, an agent of the
Enforcement Bureau's Los Angeles Office monitored radio station
WQQA438 located in Pasadena, California and observed the following
violations:
a. 47 C.F.R. S 90.403(c): "Except for stations that have been granted
exclusive channels under this part and that are classified as
commercial mobile radio service providers pursuant to Part 20 of this
chapter, each licensee must restrict all transmissions to the minimum
practical transmission time and must employ an efficient operating
procedure designed to maximize the utilization of the spectrum." At
the time of the investigation, the agent observed that WQQA438 was
transmitting on 151.6475 MHz nearly continuously.
b. 47 C.F.R. S 90.403(e) "Licensses 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, agents monitored WQQA438 and observed a digitally
modulated continuous signal on 151.6475 MHz. These continuous
transmissions from WQQA438 on 151.6475 MHz with a bandwidth of 11.2 kHz
interfered with communications of adjacent channel licensees centered on
151.655 MHz. The agent observed no evidence of monitoring the
transmitting frequency for communications in process or other measures to
avoid interference by WQQA438.
3. On January 16, 2013, an agent of the Los Angeles Office inspected
radio station WQQA438 located on Mt. Wilson, Pasadena, California and
observed the following violation:
a. 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." The WQQA438 license authorizes trunked operations in the
Industrial Radio Service. At the time of the inspection the station
was not using trunking technology and all communications between the
base station on 151.6475 MHz and mobile units on 159.9075 MHz were
on a single channel pair.
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, Mobile Relay Associates 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 Mobile Relay
Associates to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Mobile Relay Associates, with personal
knowledge of the representations provided in Mobile Relay Associates'
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
Los Angeles Office
18000 Studebaker Rd., #660
Cerritos, CA 90703
7. This Notice shall be sent to Mobile Relay Associates, 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
Margaret M. Egler
Acting District Director
Los Angeles 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