Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Apple, Inc. ) File No.: EB-FIELDWR-15-00019106 Licensee of Station WPWU695 ) NOV No.: V201532960003 Cupertino, California ) ) NOTICE OF VIOLATION Released: June 2, 2015 By the District Director, San Francisco 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 Apple, Inc., licensee of radio station WPWU695 in Cupertino, 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 violation(s) noted herein. 2 2. On April 30, 2015, in response to a complaint of interference from Fisher Wireless Services Inc., licensee of station WPLZ806, agents of the Enforcement Bureau’s San Francisco Office, using direction finding techniques, located the source of the interference to 39800 Eureka Dr., Newark, California. The agents investigated station WPWU695’s operations at that location 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.” At the time of the investigation, Apple, Inc., was operating on frequency 456.75 MHz from a fixed location at 39800 Eureka Dr., Newark, California, however, the WPWU695 license authorizes operation on 456.75 MHz as a mobile operation within a 32.0 km radius of its fixed location. 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 investigation, the Apple, Inc., transmitter was continuously transmitting and completely blocking frequency 456.75 MHz, making it unusable for other licensees sharing that frequency. c. 47 C.F.R. § 90.425(a): “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.” On April 30, 2015, between 10:30 a.m. and 1:30 p.m., Apple, Inc., did not transmit its call sign identification for station WPWU695 on frequency 456.75 MHz. 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, Apple, Inc., 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 Apple, Inc., to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Apple, Inc., with personal knowledge of the representations provided in Apple, Inc.’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 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). 5 Section 1.16 of the Rules provides that “any 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 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 San Francisco Office 5653 Stoneridge Drive, Suite 105 Pleasanton, CA 94588-8543 6. This Notice shall be sent to Apple, 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 David K. Hartshorn District Director San Francisco Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).