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.
*****************************************************************
Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Utility Mapping Services Inc. )
)
Licensee of Radio Station WQFS506 )
Honolulu, Hawaii ) File No. EB-FIELDWR-17-00023651
)
)
NOTICE OF VIOLATION
Released: May 16, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules,
1
to Utility Mapping Services Inc. (UMSI), licensee of radio station WQFS506 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.
2
2. On February 23, 2017, in response to a complaint of interference, an agent of the
Enforcement Bureau’s Honolulu Office located radio station WQFS506 located in the Kalihi area of
Honolulu, HI, and observed violations of the following rules:
a. 47 CFR § 1.903(a): “General rule. 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 ….” The
WQFS506 station license which authorized UMSI to operate on 461.075
MHz, expired on September 21, 2016. Investigation on February 23, 2017
determined that UMSI was continuing to operate a Trimble R8-Model 2
radio modem on 461.075 MHz located along the Kapalama Canal, across
from the City Square Shopping Center parking lot in the Kalihi area in
Honolulu, HI.
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
b. 47 CFR § 90.403(c): “Except for stations that have been granted exclusive
channels under this part and that are classified as commercial mobile radio
service providers pursuant to Part 20 of this chapter, each licensee must
restrict all transmissions to the minimum practical transmission time and
must employ an efficient operating procedure designed to maximize the
utilization of the spectrum.” At the time of the investigation, the agent
observed that WQFS506 was operating a station which transmitted
continuously on 461.075 MHz in Honolulu, HI, and with Station Class
“FBT” which does not authorize exclusive use of the channel.
c. 47 CFR § 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 investigation, the agent observed that WQFS506 was operating a
station which transmitted continuously on 461.075 MHz, providing no
opportunities for other users to share this frequency and causing harmful
interference with another licensee in the Honolulu, HI area.
d. 47 CFR § 90.425(a): “Identification procedure. Except as provided for in
paragraphs (d) and (e) of this section, each station or system shall be
identified by the transmission 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 agent monitored the WQFS506 for
several hours and at no time was the call sign identification heard.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, UMSI 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
4. In accordance with Section 1.16 of the Rules, we direct UMSI to support their response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by UMSI,
verifying the truth and accuracy of the information therein,
5
and confirming that all of the information
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
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
Federal Communications Commission
3
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.
6
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
Region Three Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
6. This Notice shall be sent to UMSI at their address of record.
7. The Privacy Act of 1974
7
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
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
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
CFR § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
7
See 5 U.S.C. § 552a(e)(3).