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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mobile Relay Associates ) File No. EB-FIELDWR-13-00007766
Licensee of Station WQGW503 )
Chatsworth, California ) NOV No. V201332900019
)
NOTICE OF VIOLATION
Released: April 25, 2013
By the 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 WQGW503 in Chatsworth, 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 24 and November 6 of 2012 and January 28, and April 4 of 2013,
an agent of the Enforcement Bureau's Los Angeles Office monitored
radio station WQGW503 located in Chatsworth, 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 WQGW503 was
transmitting on 151.5875 MHz nearly continuously.
b. 47 C.F.R. S 90.403(e): "Licensees 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, the agent monitored WQGW503 and observed a digitally
modulated continuous signal on 151.5875 MHz, a frequency shared with other
licensees in the Los Angeles area. The agent observed no evidence of
monitoring the transmitting frequency for communications in process or
other measures to avoid interference by WQGW503.
c. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
transmit identification in accordance with the following provisions:
(a) Identification procedure. Except as provided for in paragraphs
(d) and (e) of this section, each station or system shall be
identified by the transmission of the assigned call sign during each
transmission or exchange of transmissions, or once each 15 minutes
(30 minutes in the Public Safety Pool) during periods of continuous
operation. The call sign shall be transmitted by voice in the English
language or by International Morse Code in accordance with paragraph
(b) of this section. If the station is employing either analog or
digital voice scrambling, or non-voice emission, transmission of the
required identification shall be in the unscrambled mode using A3E,
F3E or G3E emission, or International Morse, with all encoding
disabled." At the time of the monitoring, no identification of the
station was observed.
3. On April 4, 2013 an agent of the Los Angeles Office inspected radio
station WQGW503 located in Chatsworth, 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." At the time of the inspection the station was not using
trunking technology and all communications between the base station
on 151.5875 MHz and mobile units on 159.6675 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
Charles A. Cooper
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