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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ceres Solutions LLP ) File No. EB-09-CG-0023
Licensee of Radio Station WQHE346 )
Veedersburg, Indiana ) NOV No. V20093232005
)
Attention: Jason Stonecipher )
)
NOTICE OF VIOLATION
Released: March 24, 2009
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Ceres Solutions LLP ("Ceres"),
licensee of land mobile radio station WQHE346.
2. On March 11, 2009, in response to a complaint, an agent of the
Commission's Chicago Office located the source of a continuous data
transmission on 464.600 MHz at Martin Farms, 2408 Tudor Road, Clayton,
Indiana. The data transmission was found to be part of a GPS system
owned by Ceres Solutions LLP and authorized for temporary statewide
use under radio station license WQHE346. The system consists of an RTK
base station owned and operated by Ceres and customer-owned
differential GPS systems mounted in several Martin Farms tractors. The
equipment was installed by Ceres in September, 2008. The Chicago
Office found that Ceres was in violation of the following:
47 C.F.R. S: 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." Monitoring revealed that the continuous GPS data
transmitted was audible and interfering with co-channel voice
communications 20-30 miles from Martin Farms.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Ceres Solutions
LLP, must submit a written statement concerning this matter within
twenty (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 the licensee. 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
Chicago Office
1550 North Northwest Hwy, Suite 306
Park Ridge, IL 60068
4. This Notice shall be sent to Ceres Solutions LLP 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
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 90.137(b): "When any unit or units of a base station or fixed
station which are authorized for operation at temporary locations actually
remain or are intended to remain at the same location for more than 1
year, an application for a separate authorization specifying the fixed
location shall be made as soon as possible, but not later than 30 days
after the expiration of the 1-year period." The 1 year period for the base
station on Martin Farms will expire in September, 2009.
47 U.S.C. S: 308(b).
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