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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Kemper Development	)                File No.: EB-FIELDWR-14-00013319
	) 
Licensee of Station WQAM384	)                NOV No.: V201432980007
	)
Bellevue, Washington	)                
	
	
	

NOTICE OF VIOLATION

                                                                                                                Released:  February 6, 2014

By the Acting District Director, Seattle Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Kemper Development, licensee of radio station WQAM384 in Bellevue, Washington.  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 noted herein.

* On January 14, 2014, an agent of the Enforcement Bureau's Seattle Office monitored radio station WQAM384, located in Bellevue, Washington, and observed the following violations:

  + 47 C.F.R. § 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 on-scene investigation on January 14, 2014, the station WQAM384 transmitter was repeatedly transmitting a frequency modulated signal on 464.875 MHz, at the same time as another licensee, KNAX757 in Seattle, WA, which shares the frequency with WQAM384. These transmissions created harmful interference and prevented the effective sharing of the frequency with the other licensed user, KNAX757.

  + 47 C.F.R. § 90.187(b):  "Trunked systems operating under this section must employ equipment that prevents transmission on a trunked frequency if a signal from another system is present on that frequency.  The level of monitoring must be sufficient to avoid causing harmful interference to other systems..."  At the time of the on-scene investigation on January 14, 2014, the station WQAM384 transmitter was repeatedly transmitting a frequency modulated signal on 464.875 MHz, at the same time as another licensee, KNAX757 in Seattle, WA, which shares the frequency with WQAM384.  WA. These transmissions created harmful interference and prevented the effective sharing of the frequency with the other licensed user, KNAX757.

  + 47 C.F.R. § 90.425(a): "Except as provided for in paragraphs (d) and (e) of this section, each station or system shall be identified by the transmissions 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."  At the time of the investigation, the WQAM384 signal was monitored for over one hour and did not transmit its station ID at any time.

  + 47 C.F.R. § 1.903(a): "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."  Kemper development is operating a LTR analog trunked UHF system, on the frequencies 464.8750, and on 464.7750 MHz.  The radio station license, WQAM384, authorizes conventional operation, type "IG," on these frequencies, whereas this repeater station is operating in the trunked mode, type "YG."

* 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, Kemper Development 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.  

* In accordance with Section 1.16 of the Rules, we direct Kemper Development to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Kemper Development with personal knowledge of the representations provided in Kemper Development'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.  

* 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
Seattle Office
11410 NE 122[nd] Way, Suite 312
Kirkland, Washington 98034

* This Notice shall be sent to Kemper Development at its address of record.  

* 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




Leo Cirbo
Acting District Director
Seattle Office
Western Region
Enforcement Bureau