Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Los Angeles Dodgers ) File No. EB-FIELDWR-16-00021220 Licensee of Station WQIG614 ) NOV No.: V201632900003 ) Los Angeles, California ) ) ) ) NOTICE OF VIOLATION Released: April 5, 2016 By the Acting District Director, Los Angeles Office, Region 3, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 1 to Los Angeles Dodgers, licensee of radio station WQIG614 in Los Angeles, 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 March 31, 2016, in response to a complaint of interference from a co-channel licensee, an agent of the Enforcement Bureau’s Los Angeles Office monitored radio station WQIG614, in Los Angeles, California, and observed the following violations: a. 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, agents observed that WQIG614 was transmitting on 451.7875 MHz nearly continuously for over 20 minutes. 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 investigation, agents monitored WQIG614 and observed a digitally modulated periodic, pulsing signal, transmitted for over 20 continuous minutes, on 451.7875 MHz, a frequency shared with other licensees in the Los Angeles area. 3 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 4 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Los Angeles Dodgers, 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. 5 4. In accordance with Section 1.16 of the Commission’s Rules, we direct Los Angeles Dodgers, to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Los Angeles Dodgers, with personal knowledge of the representations provided in Los Angeles Dodgers, response, verifying the truth and accuracy of the information therein, 6 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. 7 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: 4 47 U.S.C. § 308(b). 5 47 C.F.R. § 1.89(c). 6 Section 1.16 of the Commission’s 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. 7 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 Federal Communications Commission Los Angeles Office 18000 Studebaker Rd., #660 Cerritos, CA 90703 6. This Notice shall be sent to Los Angeles Dodgers, at its address of record. 7. The Privacy Act of 1974 8 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 T. Lyon Acting District Director Los Angeles Office Enforcement Bureau 8 P.L. 93-579, 5 U.S.C. § 552a(e)(3).