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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Antonio Santiago ) File No.: EB-FIELDSCR-14-00014964
)
Amateur Licensee, Call Sign KP4IA ) NOV No.: V201432680004
)
Toa Alta, Puerto Rico )
)
NOTICE OF VIOLATION
Released: April 23, 2014
By the Resident Agent, San Juan Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Antonio Santiago, amateur radio
licensee call sign KP4IA in Toa Alta, Puerto Rico. 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 April 3, 2014, in response to a complaint of interference from the
Federal Aviation Administration (FAA) to the air traffic control
frequency of 119.400 MHz, an agent from the San Juan Office observed
the following violation:
a. 47 C.F.R. S 97.307(c): "All spurious emissions from a station
transmitter must be reduced to the greatest extent practicable. If
any spurious emissions, including chassis or power line radiation,
causes harmful interference to the reception of any other radio
station, the licensee of the interfering amateur station is required
to take steps to eliminate the interference in accordance with good
engineering practice." Using a mobile direction finding vehicle, an
agent from the San Juan Office determined that an interfering signal
was emanating from the antenna structure for WLII/WSUR License
Partnership G.P. in Cerro Marquesa, Aguas Buenas, PR. Personnel from
the TV station identified the amateur equipment belonging to Antonio
Santiago (KP4IA) as the only equipment capable of transmitting in
that band (near 119.400 MHz) on the antenna structure. At the time of
inspection, Station KP4IA was transmitting a spur that started on
120.0 MHz and ended on 119.4 MHz every few seconds. On/off tests
confirmed that the amateur transmitter for KP4IA was causing the
interference to the FAA. You have ceased transmitting pending
resolution of the interference.
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.
You 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 you to support
your response to this Notice with a signed and dated affidavit or
declaration under penalty of perjury verifying the truth and accuracy
of the information therein,^ and confirming that all of the
information requested by this Notice which is in your 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 Juan Office
US Federal Building Room 762
San Juan, PR 00918-1731
6. This Notice shall be sent to Antonio Santiago at his 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
William Berry
Resident Agent
San Juan Office
South Central 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