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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mt. Diablo Amateur Radio Club ) File No.: EB-FIELDWR-13-00012695
Licensee of Amateur Station W6CX )
) NOV No.: V201432960005
Pleasant Hill, CA )
)
)
NOTICE OF VIOLATION
Released: January 9, 2014
By the District Director, San Francisco 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 Mt. Diablo Amateur Radio Club,
licensee of radio station W6CX in Pleasant Hill, 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 November 14, 15, and 19, 2013, in response to a complaint, an agent
of the Enforcement Bureau's San Francisco Office monitored frequency
1241.25 MHz located at the North Peak of Mount Diablo in Alameda
County, California and observed the following violation:
a. 47 C.F.R. S 97.303(b): "Amateur stations transmitting in the 70 cm
band, the 33 cm band, the 23 cm band, the 9 cm band, the 5 cm band,
the 3 cm band, or the 24.05 - 24.25 GHz segment must not cause
harmful interference to, and must accept interference from, stations
authorized by the United States Government in the radiolocation
service." At the time of monitoring, the agent observed that the W6CX
transmitter operating on 1241.25 MHz had spurious emissions drifting
down to 1227.60 MHz that caused interference to the reception and use
of the Global Positioning System (GPS) signal on 1227.60 MHz.
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, Mt. Diablo Amateur Radio Club 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 Mt. Diablo
Amateur Radio Club, to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Mt. Diablo Amateur Radio Club, with personal
knowledge of the representations provided in Mt. Diablo Amateur Radio
Club'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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
6. This Notice shall be sent to Mt. Diablo Amateur Radio Club 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
David K. Hartshorn
District Director
San Francisco 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