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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Trilew LLC, dba L1 Networks )
) File No. EB-FIELDWR-16-00022753
Licensee of Radio Station WQYH230 )
Honolulu, Hawaii ) NOV No. V201732860001
)
)
NOTICE OF VIOLATION
Released: November 14, 2016
By the Resident Agent, Honolulu Office, Region Three, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's Rules, to Trilew LLC, dba L1 Networks (L1
Networks), licensee of radio station WQYH230 in Honolulu, Hawaii.
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 October 11, 2016, in response to a complaint of interference, an
agent of the Enforcement Bureau's Honolulu Office located radio station
WQYH230 located on the rooftop of the Century Square building at 1188
Bishop St., Honolulu, HI, and observed the following violation:
47 C.F.R. ยง 101.1507: "Permissible operations. Licensees may
use the 70 GHz, 80 GHz and 90 GHz bands for any point-to-point,
non-broadcast service. The segments may be unpaired or paired,
but paring will be permitted only in a standardized manner
(e.g., 71-72.25 GHz may be paired only with 81-82.25 GHz,
and so on). . . ." The WQYH230 station license authorizes L1
Networks to operate nationwide on the Millimeter Wave 70/80/90
GHz Service on the frequency bands of 71000-76000, 81000-86000,
92000-94000 and 94100-95000 MHz. Investigation on October 11,
2016, determined that L1 Networks was operating a continuous
digital data channel on 3650 MHz. Transmissions on 3650 MHz are
not permissible operations within the scope of its authorization.
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, L1 Networks
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 L1 Networks to
support their response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by L1 Networks, 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
Honolulu Office
POB 971030
Waipahu, Hawaii 96797-1030
This Notice shall be sent to L1 Networks 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
Ryan Hagihara
Resident Agent
Honolulu Office
Enforcement Bureau, Region Three