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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Bellflower ) File No.: EB-FIELDWR-13-00010030

   Licensee of Station WQKK350 )

   )

   Bellflower, California ) NOV No.: V201332900035

   )

   )

   )

   )

                              NOTICE OF VIOLATION

   Released: August 1, 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 City of Bellflower, licensee of
       radio station WQKK350 in Bellflower, 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 23, 2013, an agent of the Enforcement Bureau's  Los Angeles
       Office monitored radio station WQKK350 located at 16600 Civic Center
       Drive, Bellflower, 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 WQKK350 was
        transmitting on 461.9375 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 WQKK350 and observed a digitally
   modulated continuous signal on 461.9375 MHz, a frequency shared with other
   licensees in the Bellflower area. The agent observed no evidence of
   monitoring the transmitting frequency for communications in process or any
   other measures to avoid interference by WQKK350.

     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. 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, City of Bellflower  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 City of
       Bellflower  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of City of Bellflower, with personal knowledge of
       the representations provided in City of Bellflower'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 City of Bellflower  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

   2

                       Federal Communications Commission