Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Rick Engineering Company ) File No. EB-FIELDNER-12-00002674 Licensee of Radio Station KB74568 ) San Diego, California ) NOV No. V201232940023 ) ) ) NOTICE OF VIOLATION Released: July 26, 2012 By the District Director, San Diego Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s Rules1 to Rick Engineering Company (Rick Engineering), the licensee of Radio Station KB74568 in San Diego, California. 2. On May 22, 2012, in response to a complaint of interference, an agent of the Enforcement Bureau's San Diego Office used radio direction finding techniques to locate the interference source to a transmitter owned and operated by Rick Engineering in Del Sur, a new development area in San Diego, California. The agent conducted on/off tests and confirmed that the transmitter was the source of the interference. During the inspection of the transmitter’s operation, the agent observed the following violation: 47 C.F.R. § 1.903(a): “Stations in the Wireless Radio Service 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, except as specified in the Section 1.903(b).” The transmitter was emitting a telemetry signal on 464.700 MHz, a frequency not authorized by the license for Radio Station KB74568. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's rules, Rick Engineering 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 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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 San Diego Office 4542 Ruffner Street, Suite 370 San Diego, CA 92111 4. This Notice shall be sent to Rick Engineering Company 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 James T. Lyon District Director San Diego District Office Western Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.