Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Global Paratransit, Inc. ) File No. EB-FIELDWR-16-00021401 Licensee of Station WPPY512 ) ) NOV No.: V201632900006 Rancho Palos Verdes, California ) ) ) ) NOTICE OF VIOLATION Released: May 13, 2016 By the District Director, Los Angeles Field 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 Global Paratransit, Inc., licensee of radio station WPPY512 in Rancho Palos Verdes, 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 4, 2016, agents of the Enforcement Bureau’s Los Angeles Office inspected radio station WPPY512 located at Latitude 33-45-27.1 N Longitude 118-21-40.3 W, and observed the following violation(s): a. 47 C.F.R. § 90.210(d)(2): Emission Mask. ”On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in kHz) of more than 5.625 kHz but no more than 12.5 kHz: At least 7.27(fd?2.88 kHz) dB”of attenuation. On April 4, 2016, the Los Angeles Office’s Agents monitored and inspected radio station WPPY512. At the time of inspection Los Angeles Office’s agents observed that the station’s Emission Mask was in violation of the Commission Rules. Additionally, the radio station’s service provider stated that the radio equipment had not been narrow banded. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 b. 47 C.F.R. § 90.425(a): Station identification. “Stations licensed under this part shall transmit identification in accordance with the following provisions: 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.” On April 4, 2016, Los Angeles Office agents monitored WPPY512 radio station transmissions and observed that the station was not transmitting their assigned callsign. 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, Global Paratransit, 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 Global Paratransit, 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 Global Paratransit, Inc., with personal knowledge of the representations provided in Global Paratransit, 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 “[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 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, CA 90703 6. This Notice shall be sent to Global Paratransit, 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 T. Lyon Acting District Director Los Angeles District Office Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).