Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Village of Schaumburg ) File No. EB-FIELDNER-12-00005302 Licensee of Land Mobile Station WPMP425 ) Schaumburg, Illinois ) NOV No. V201332320003 NOTICE OF VIOLATION Released: November 20, 2012 By the District Director, Chicago District Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules)1 to Village of Schaumburg, licensee of Private Land Mobile Station WPMP425 in Schaumburg, Illinois. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV 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.2 2. On November 9, 2012, agents of the Enforcement Bureau’s Chicago Office inspected WPMP425 located at Schaumburg, Illinois, and observed the following violation: 47 C.F.R. § 90.403(f): “Stations licensed in this part shall not continuously radiate an unmodulated carrier . . . .” The transmitter in the radio equipment room at the Police Department was transmitting an unmodulated carrier continuously on 154.265 MHz and causing harmful interference to other FCC licensees. 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, Village of Schaumburg 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). Federal Communications Commission 2 4. In accordance with Section 1.16 of the Rules, we direct Village of Schaumburg to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Village of Schaumburg with personal knowledge of the representations provided in Village of Schaumburg’s response, verifying the truth and accuracy of the information therein,5 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.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 Chicago Office 1550 North Northwest Highway, Room 306 Park Ridge, IL 60068 6. This Notice shall be sent to Village of Schaumburg, at its address of record. 7. The Privacy Act of 19747 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 James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 5 Section 1.16 of the Commission’s 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 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 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).