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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

   3

                       Federal Communications Commission