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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Bearcom Operating ) File No. EB-FIELDWR-13-00006977
Licensee of Station WQQN304 )
Los Angeles, CA ) NOV No. V201332900015
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 Bearcom Operating (Bearcom),
licensee of station WQQN304, Los Angeles, 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 herein.^
2. On February 20, 2013, in response to a complaint, agents from the
Enforcement Bureau's Los Angeles Office conducted an inspection of
station WQQN304. The inspection revealed that Bearcom programmed two
frequencies into their radios that were not permitted by their
authorization, 469.3875 and 469.8375. In addition, the license for
WQQN304 specified Conventional Radio Service but Bearcom was utilizing
Trunked Radio Service. The following violations were observed:
a. 47 C.F.R. S 90.427(b): "No person shall program into a transmitter
frequencies for which the licensee using the transmitter is not
authorized." At the time of inspection, the agents observed that
Bearcom had programmed frequencies 469.3875 and 469.8375 into their
radios but these frequencies were not covered by a Bearcom license.
b. 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, Bearcom was operating a Trunked
Radio Service system even though their authorization specified the
use of a Conventional Radio Service system.
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, Bearcom Operating, 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 Bearcom
Operating to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Bearcom Operating with personal knowledge of the
representations provided in Bearcom'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
Los Angeles Office
18000 Studebaker Rd., Rm. 660
Cerritos, California 90703
6. This Notice shall be sent to Bearcom Operating 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
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
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Federal Communications Commission