Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Acumen Communications ) File No. EB-FIELDWR-13-00006185 Licensee of Station WQJF635 ) ) Los Angeles County, CA ) NOV No. V201332900008 ) NOTICE OF VIOLATION Released: January 30, 2013 By the Acting District Director, Los Angeles 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 Acumen Communications (Acumen), licensee of Land Mobile Radio station WQJF635 operating on Mt. Wilson, in Los Angeles County, California. 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 January 18, 2013, agents of the Enforcement Bureau’s Los Angeles District Office inspected WQJF635 located at 123 CBS Lane, on Mt. Wilson, in Los Angeles County, California, and observed the following violations: a. 47 C.F.R. § 1.903(a): “Stations in the Wireless Radio Services 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…” The license for station WQJF635 specifies Very High Frequencies (VHF) 152.285 and 157.5450 MHz for the Acumen facility located at 123 CBS Lane, Mt. Wilson, Los Angeles County, California. At the time of the inspection, the agents observed that Acumen was operating land mobile radio station, WQJF635 on frequency 151.580 MHz and generating a spurious emission on 150.6973 MHz. b. 47 C.F.R. § 90.403(e): “Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference.” At the time of inspection, the agents observed that the radio transmitting equipment operated by Acumen Communications was generating a spurious emission on 150.6973 MHz and causing interference to licensed services. 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, Acumen 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 Acumen to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Acumen with personal knowledge of the representations provided in Acumen’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 regulatee’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 Los Angeles Office 18000 Studebaker Road, Suite 660 Cerritos, California 90703 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 6. This Notice shall be sent to Acumen Communications, 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 Margaret M. Egler Acting District Director Los Angeles Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).