Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ) Clackamas 800 Radio Group ) File No. EB-FIELDWR-12-00005244 Licensee of Station WPYM383 ) ) Boring, Oregon ) NOV No. V201332920003 NOTICE OF VIOLATION Released: December 14, 2012 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 (Rules),1 to Clackamas 800 Radio Group (Clackamas), licensee of radio station WPYM383 in Boring, Oregon. 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 violations noted herein.2 2. On November 2, 2012, in response to an interference complaint on public safety frequency 806.2375 MHz, an agent of the Enforcement Bureau’s Portland Office inspected a 10-Channel, 800-MHz Trunked Public Safety Radio Systems installed and operated by Clackamas County at the address 19750 Polehm Road, Oregon City, Oregon (also known as the Redland site). The inspection revealed that a Motorola Quantro amplifier associated with Channel 9 of the systems was transmitting spurious emissions ranging from frequencies approximately 806.072 MHz to 807.1228 MHz. The following violation was observed: a. 47 C.F.R. § 90.219(a): “The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s).” The Motorola Quantro amplifier associated with the WPYM383 800-MHz trunked systems was transmitting spurious emissions outside the station’s authorized frequencies. Subsequent to the inspection, the contracted 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 technicians replaced the faulty amplifier and resolved the interference caused by these emissions. 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, Clackamas 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 Clackamas to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Clackamas with personal knowledge of the representations provided in Clackmas’ 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 Portland Resident Agent Office P.O. Box 61469 Vancouver, Washington 98666-1469 6. This Notice shall be sent to Clackamas 800 Radio Group at its address of record. 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 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 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. Federal Communications Commission 3 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 Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).