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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Philip J. Beaudet ) File No.:EB-FIELDWR-15-00019830
Licensee of Amateur Radio Station N6PJB )
) NOV No. V201632920001
Burney, California )
NOTICE OF VIOLATION
Released: July 13, 2016
By the Resident Agent, Portland Office, Region 3, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Philip J. Beaudet, licensee of
Station N6PJB in Burney, Oregon. 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.
On August 25, 2015, August 27, 2015, October 20, 2015, and October
22, 2015, agents of the Enforcement Bureau's San Francisco Office and
Portland Office monitored amateur radio Station N6PJB located in Burney,
California, and observed the following violation(s):
47 C.F.R. § 97.101(d): "No amateur operator shall
willfully or maliciously interfere with or cause
interference to any radio communication or signal."
In response to an interference complaint, during the time
of monitoring stated above, the FCC Agents, using radio
direction finding techniques, located the source of the
interfering signal on frequency 3908 kHz to Beaudet's
residence in Burney, California.
47 C.F.R. § 97.113(d)(4): " No amateur station shall
transmit music." During the referenced time of monitoring
stated above, the FCC Agents observed and recorded that
Beaudet's amateur radio station was transmitting music
on frequency 3908 kHz.
47 C.F.R. § 97. 119(a): "Each amateur station, except a
space station or telecommand station, must transmit its
assigned call sign on its transmitting channel at the
end of each communication, and at least every 10 minutes
during a communication, for the purpose of clearly making
the source of the transmissions from station known to
those receiving the transmissions. No station may transmit
unidentified communications or signals, or transmit as
the station call sign, any call sign not authorized to the
station." During the time of monitoring stated above, the
FCC Agents monitored and recorded that Beaudet's amateur
radio station did not transmit the assigned call sign,
N6PJB, at the end at each communication.
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, Beaudet,
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 Beaudet to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by Beaudet with personal
knowledge of the representations provided in Beaudet'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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
This Notice shall be sent to Philip J. Beaudet at his 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Region 3
Enforcement Bureau