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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.


   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


                       Federal Communications Commission