Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) USA Mobility Wireless, Inc. ) File No. EB-10-PA-0161 ) Licensee of Radio Station WPSG659 ) NOV No. V201032400046 ) Philadelphia, Pennsylvania ) ) NOTICE OF VIOLATION Released: July 26, 2010 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to USA Mobility Wireless, Inc. (“USA Mobility”), the licensee of station WPSG659 in Philadelphia, Pennsylvania. 2. On May 26, 2010, the Commission’s Philadelphia Office received a complaint from Cellnet Technology Northeast, Inc. (“Cellnet”), the licensee of station WPNE497, alleging that its wireless meter reading system in Philadelphia, Pennsylvania was experiencing harmful interference on the frequency 928.3125 MHz. In response to the complaint, on May 28, 2010, agents of the Commission’s Philadelphia Office inspected radio station WPSG659 located at the Saint Christopher’s Hospital for Children in Philadelphia, Pennsylvania and observed the following violation: 47 C.F.R. § 22.359(a): “The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB.”2 At the time of the inspection, agents found that USA Mobility’s 929.6125 MHz paging transmitter was generating a spurious emission on the frequency 928.3135 MHz that exceeded the emission mask limit by 24 dB3. The Philadelphia Office found that the spurious emission on 928.3125 MHz was causing harmful interference to Cellnet’s wireless meter reading system. 1 47 C.F.R. § 1.89. 2 According to Section 90.493(b) of the Commission’s Rules, 47 C.F.R. § 90.493(b), paging operations on exclusive channels in the 929-930 MHz band, such as station WPSG659, are subject to the licensing, construction and operation rules of Part 22. 3 The FCC measured the level of the spurious emission to be -67 dBm. The level of the fundamental was measured to be -24 dBm; a difference of 43 dB. Based on the transmitter output power of 250 Watts, the spurious emission should be attenuated at least 67 dB below the authorized transmitting power. Federal Communications Commission 2 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,4 and Section 1.89 of the Commission's Rules, USA Mobility must submit a written statement concerning this matter within twenty (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 the licensee. 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 Philadelphia Office One Oxford Valley Building, Suite 404 2300 East Lincoln Highway Langhorne, PA 19047 4. This Notice shall be sent to USA Mobility at its address of record. 5. The Privacy Act of 19745 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.6 FEDERAL COMMUNICATIONS COMMISSION Gene J. Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 447 U.S.C. § 308(b). 5P.L. 93-579, 5 U.S.C. § 552a(e)(3). 618 U.S.C. § 1001 et seq.