Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) P & R Spectrum Resources, Inc. ) File No. EB-FIELDNER-14-00017631 Licensee of Station WPGA762 ) ) Dayton, Ohio ) NOV No. V201532360001 ) NOTICE OF VIOLATION Released: December 8, 2014 By the District Director, Detroit 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 P & R Spectrum Resources, Inc., licensee of radio station WPGA762 in Dayton, Ohio. 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(s) noted herein. 2 2. On October 23, 2014, agents of the Enforcement Bureau’s Detroit Office investigated a complaint of interference on the frequency of 463.625 MHz in Modoc, Indiana. Using direction finding techniques the agents located and monitored radio station WPGA762, a fixed base radio located at 591 East Loy Road, Piqua, Ohio, and observed the following violations: a. 47 C.F.R. § 1.903(a): “General rule. 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.” P & R Spectrum Resources, Inc. is operating a fixed repeater station with assigned authorized emissions of 11K2F3E and 7K60FXE. At the time of the inspection the station was also observed to be operating with emission of 7K60FXD, an emission type not authorized by its license. 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(c): “Except for stations that have been granted exclusive channels under this part and that are classified as commercial mobile radio service providers pursuant to Part 20 of this chapter, each licensee must restrict all transmissions to the minimum practical transmission time and must employ an efficient operating procedure designed to maximize the utilization of the spectrum.” At the time of the investigation, the agents monitored WPGA762 for over one hour and observed a nearly continuous signal that occupied the shared channel of 463.625 MHz, with only a few short pauses. Such operation affords no reasonable opportunity for other licensed users to utilize the frequency. c. 47 C.F.R. § 90.425(a): “Stations licensed under this part shall transmit identification in accordance with the following provisions: (a) Identification procedure. Except as provided for in paragraphs (d) and (e) of this section, each station or system shall be identified by the transmission of the assigned call sign during each transmission or exchange of transmissions, or once each 15 minutes (30 minutes in the Public Safety Pool) during periods of continuous operation. The call sign shall be transmitted by voice in the English language or by International Morse Code in accordance with paragraph (b) of this section. If the station is employing either analog or digital voice scrambling, or non-voice emission, transmission of the required identification shall be in the unscrambled mode using A3E, F3E or G3E emission, or International Morse, with all encoding disabled.” At the time of the monitoring, the agents observed that an incorrect call sign was given. 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 violation and any remedial actions taken. Therefore, P & R Spectrum Resources Inc., must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain the 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 P & R Spectrum Resources Inc. to support their response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of P & R Spectrum Resources Inc., verifying the truth and accuracy of the information therein, 5 and confirming that all of the information requested by this Notice which is in 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)’.” Federal Communications Commission 3 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 Detroit Office 24897 Hathaway Street Farmington Hills, MI 48335 6. This Notice shall be sent to P & R Spectrum Resources Inc. 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 James A. Bridgewater District Director Detroit Office Northeast Region Enforcement Bureau 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).