Federal Communications Commission	



Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of	)
	)
Cal Coast Machinery, Inc.	)	File No. EB-FIELDWR-18-00027888
Licensee of Station WQUS899	)	
	)
FRN: 0023939317	)
	)
Santa Maria, California	)
	


NOTICE OF VIOLATION

	Released:  April 16, 2019

By the Regional Director, Region Three, Enforcement Bureau:

1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 47 CFR § 1.89.
 to Cal Coast Machinery, Inc. (Cal Coast), licensee of radio station WQUS899 in Santa Maria, 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. 47 CFR § 1.89(a).


2. On November 20, 2018, an Agent of the Enforcement Bureau’s San Francisco Office investigated a complaint of interference on the frequency 462.6125 MHz (GMRS Channel 3), in Salinas, California and observed the following violation:

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... ."  Cal Coast was operating radio station WQUS899 on an unauthorized frequency and at an unauthorized location.  According to the station license WQUS899, Cal Coast is authorized to operate two repeater stations (FB6) on frequencies 462.175 MHz and 461.650 MHz in Santa Maria, CA, and Camarillo, CA.  At the time of inspection, the Agent determined that Cal Coast was operating two repeater stations (FB6) on an unauthorized frequency 462.6125 MHz (GMRS Channel 3) and at two unauthorized locations in Salinas, California.

3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended (Act), and Section 1.89 of the Commission’s rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. 308(b); 47 CFR § 1.89.
  Therefore, Cal Coast 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. 47 CFR § 1.89(c).


4. In accordance with Section 1.16 of the Commission’s rules, we direct Cal Coast to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Cal Coast with personal knowledge of the representations provided in Cal Coast’s response, verifying the truth and accuracy of the information therein, 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. 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 CFR § 1.16.
  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. 18 U.S.C. §§ 1001, et seq.; see also 47 CFR § 1.17.


5. All replies and documentation sent in response to this Notice should be marked with the File No.. specified above, and mailed to the following address:

Federal Communications Commission
Los Angeles Regional Office
11331 183rd Street, PMB #365
Cerritos, CA 90703
Email:  FIELD@FCC.GOV




6. This Notice shall be sent to Cal Coast Machinery Inc., Attn: Aaron Leighton, P.O. Box 196, Santa Maria, CA 93456.

7. The Privacy Act of 1974 5 U.S.C. § 552a(e)(3).
 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




Lark Hadley
Regional Director
Region Three
Enforcement Bureau



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