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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nextel License Holdings 4, Inc. ) File No. EB-07-DV-117
Licensee of radio station WPOH340 )
Englewood, Colorado ) NOV No. V20073280025
)
NOTICE OF VIOLATION
Released: April 16, 2007
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Nextel License Holdings 4, Inc.
("Nextel"), licensee of radio station WPOH340 in Englewood, Colorado.
2. On February 27, 2007, in response to a complaint of interference, an
agent of the Enforcement Bureau's Denver Office, using signal strength
direction finding techniques, located the source of interference to an
amplifier used in conjunction with a local specialized mobile service
("SMR") system. Subsequent on/off testing of the bi-directional
amplifier ("BDA"), located at the Veolia Transit Facility in
Englewood, Colorado, determined that it was the interfering source.
The agent observed the following violation:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service 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 the Section 1.903(b)." The BDA, owned
and operated by Nextel, was emitting a signal on approximately
814.2625 MHz, a frequency not authorized by the WPOH340 license.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Nextel must submit a
written statement concerning this matter within 20 days of release of
this Notice. The response must fully explain each violation, must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line for
completion of pending corrective action(s). The response must be
complete in itself and signed by a principal or officer of Nextel. 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
Denver Office
215 S. Wadsworth Blvd., Ste. 303
Lakewood, Colorado 80226
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Nextel License Holdings 4, Inc., at its
address of record.
5. The Privacy Act of 1974 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission