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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Acumen Communication  )   File No. EB-FIELDWR-13-00009105

   Licensee of Station WQHT586 )

   )

   Hollywood, California  ) NOV No. V201332900033

   )

   )

                              NOTICE OF VIOLATION

   Released:  July 18, 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  Acumen Communication, licensee
       of radio station WQHT586 in Hollywood, 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 May 10, 2013, an agent of the Enforcement Bureau's Los Angeles
       Office, using direction finding techniques, located and inspected a
       fixed base radio and multiple mobile stations located at Community
       Auto Service, 6800 Melrose Ave., Los Angeles, California. On June 5,
       2013, using direction finding techniques, the agent located and
       inspected  radio station WQHT586,  licensed to Acumen Communication on
       Cyprean Drive in Hollywood, California. The following violation was
       observed:

     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 Cyprean Drive station was
        a repeater transmitting on 152.405 MHz, and receiving on 157.665 MHz,
        which is not a frequency pair authorized by this license at any
        location. The agent also observed that Acumen Communication
        programmed the Melrose Avenue base station and mobiles, which
        appeared to be operating pursuant to and under the authority of the
        Station WQHT586 license, and were communicating with the Cyprean
        Drive repeater on the unauthorized 157.665 MHz and 152.405 MHz
        frequencies.

    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, Acumen Communication  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). Furthermore, we
       request additional information as to how long the station operated on
       this non-authorized frequency pair. 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 Acumen
       Communication  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Acumen Communication,  with personal
       knowledge of the representations provided in Acumen Communication'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., #660

   Cerritos, CA 90703

    6. This Notice shall be sent to Acumen Communication  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

   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

   3

                       Federal Communications Commission