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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Peak Wireless Services, LLC ) File No. EB-11-DV-0078
Licensee of Radio Station WPMM833 ) NOV No. V201232800021
Salt Lake City, UT )
)
NOTICE OF VIOLATION
Released: March 21, 2012
By the District Director, Denver District 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 Peak Wireless Services, LLC (Peak
Wireless), licensee of radio station WPMM833 in Salt Lake City, UT.
2. On February 15, 2012, an agent of the Enforcement Bureau's Denver
District Office monitored 463.625 MHz, associated with call sign
WPMM833, and observed the following violations:
a. 47 C.F.R. S: 90.425(a): "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." At the time
of the investigation, the agent monitored 463.625 MHz, associated with
WPMM833, and observed that during periods of continuous operation the
station did not transmit the assigned call sign every 15 minutes.
b. 47 C.F.R. S: 90.187(b): "Trunked systems operating under this
section must employ equipment that prevents transmission on a trunked
frequency if a signal from another system is present on that
frequency. The level of monitoring must be sufficient to avoid
causing harmful interference to other systems. However, this
monitoring requirement does not apply if the conditions in paragraph
(b)(1) or (b)(2) of this section, are met..." At the time of the
investigation, the agent monitored 463.625 MHz, associated with
WPMM833, and observed that this operation did not employ a level of
monitoring sufficient to avoid causing harmful interference to other
systems.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Peak Wireless
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
Peak Wireless. 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 District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Peak Wireless Services, LLC, 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: 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
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Federal Communications Commission