Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Spectrum Networks Group, LLC ) File No.:
EB-FIELDSCR-17-00023919
)
Licensee of Station WQYD321 ) NOV No.: V201732600001
)
Miami, Florida )
NOTICE OF VIOLATION
Released:
April
20,
2017
By the Regional Director, Region Two, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Spectrum Networks Group,
LLC (SNG), licensee of radio station WQYD321 in Miami, Florida.
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 March 22 and March 24, 2017, in response to a complaint of
interference to licensed public safety communications in the Miami area,
agents of the Enforcement Bureau's Miami Office monitored transmissions
from radio station WQYD321 and observed violations of the following
rules:
47 CFR § 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 . . . ." Furthermore, 47 CFR § 1.903(b) states:
"The holding of an authorization does not create any
rights beyond the terms, conditions and period specified
in the authorization . . ." SNG is authorized under
its license, WQYD321, to operate a fixed base station
only on frequency 854.4375 MHz from antenna structure
number 1027529, at coordinates 25° 58' 16" N latitude
and 80° 12' 31" W longitude, with an antenna height of
259.1 meters, and is authorized to operate associated
mobile units on frequency 809.4375 MHz. The agents
observed signal transmissions which drifted from 810.25
MHz down to 809.45 MHz, and used mobile direction finding
techniques to determine that the source of the signal
was emanating from SNG's base station located at antenna
structure 1027529. Agents did not observe a signal on
854.4375 MHz. SNG personnel stated to an agent: (1)
that its base station was first installed and powered up
on March 20, 2017; (2) that apparently its base station
transmitter was improperly set up to transmit on the
mobile frequency instead of the base frequency; and (3)
that an additional malfunction caused it to transmit the
drifting signal on 810.25 MHz. Therefore, SNG apparently
failed to operate its station WQYD321 according to the
terms of its authorization. When SNG turned off its base
station transmitter, the interfering signal ceased.
47 CFR § 90.403(e): "Licensees shall take reasonable
precautions to avoid causing harmful interference . . ."
Agents determined that SNG's transmissions on 810.25 MHz
were causing harmful interference to licensed public
safety communications. Based on SNG's statements
regarding its recent transmitter installation, SNG
apparently failed to take reasonable precautions to
avoid causing harmful interference.
47 CFR § 90.433(c): "The station licensee shall be
responsible for the proper operation of the station at all
times and is expected to provide observations, servicing
and maintenance as often as may be necessary to ensure
proper operation . . ." SNG apparently failed to ensure
proper operation of its station since its base station
transmitter was improperly set up to transmit on its
mobile transmit frequency, and an additional malfunction
caused it to transmit the drifting signal on 810.25 MHz
which interfered with public safety communications.
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, SNG 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 SNG to support
its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer of
SNG, with personal knowledge of the representations provided in SNG'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
Miami Office
P.O. Box 266468
Weston, FL 33326
This Notice shall be sent to Spectrum Networks Group, LLC, 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
Ronald Ramage
Director, Region Two
Enforcement Bureau
Federal Communications Commission