Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) New Cingular Wireless PCS, LLC ) File No. EB-09-PO-0080 Licensee of Radio Station KNKN309 ) Newberg, Oregon ) NOV No. V201032920005 NOTICE OF VIOLATION Released: January 8, 2010 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to New Cingular Wireless PCS, LLC (“Cingular”), licensee of radio station KNKN309. 2. On December 30, 2009, in response to a complaint, an agent from the Enforcement Bureau’s Portland Resident Agent Office monitored radio station KNKN309, in Newberg, Oregon, and observed the following violations: a. 47 C.F.R. § 22.917(d): “Interference caused by out of band emissions. If any emissions from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section.” On December 30, 2009, the agent determined that the cellular transmitter operating from cellular structure ASR # 1262727, Newberg, Oregon, was transmitting out of band emissions causing harmful interference to the complainant’s station on the adjacent channel. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Cingular must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of Cingular. All replies and documentation sent in response to 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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, WA 98666-1469 4. This Notice shall be sent to the New Cingular Wireless PCS, LLC, at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.