Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) SSA Terminals ) ) Licensee of Station WQEW384 ) File No.: EB-FIELDWR-14-00016839 ) Seattle, Washington ) NOV No.: V201432980015 ) ) NOTICE OF VIOLATION Released: August 28, 2014 By the Acting District Director, Seattle 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 SSA Terminals, licensee of radio station WQEW384 in Seattle, Washington. 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 violation noted herein. 2 2. On August 12, 2014, an agent of the Enforcement Bureau’s Seattle Office monitored radio station WQEW384, located in Seattle, Washington, 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 under the provisions of this part, except as specified in paragraph (b) of this section.” License WQEW384 specifies 2 watts transmitter output power. During an on-scene investigation on August 12, 2014, an agent from the Seattle Office inspected an “SSA Terminals” mobile radio station, WQEW384, a Motorola model “XPR 5550” transceiver, installed in “SSA Terminals” truck number “T-998,” and measured its power output at 15 watts, transmitting on 468.2125 MHz, exceeding the authorized maximum power of 2 watts. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 b. 47 C.F.R. § 90.403(e): “Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference.” At the time of the on-scene investigation on August 12, 2014 the station WQEW384 transmitter was repeatedly transmitting a signal on 468.2125 MHz, at the same time as another licensee, WPWK633 in Shelton, Washington, which is licensed to operate on this frequency, 468.2125 MHz. The WQEW384 transmissions created harmful interference to the WPWK633’s repeater input frequency of 468.2125 MHz and prevented the effective use of the frequency. 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, SSA Terminals, 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 SSA Terminals, to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of SSA Terminals, with personal knowledge of the representations provided in SSA Terminals 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: 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 Federal Communications Commission Seattle Office 11410 NE 122 nd Way, Suite 312 Kirkland, Washington 98034 6. This Notice shall be sent to SSA Terminals, at its address of record. 7. The Privacy Act of 1974 7 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 Leo Cirbo Acting District Director Seattle Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).