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Acumen Communications, Los Angeles County, CA

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Released: January 30, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Acumen Communications
) File No. EB-FIELDWR-13-00006185
Licensee of Station WQJF635
)
)
Los Angeles County, CA
)
NOV No. V201332900008
)

NOTICE OF VIOLATION

Released:

January 30, 2013
By the Acting District Director, Los Angeles Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission's rules (Rules),1 to Acumen Communications (Acumen), licensee of Land Mobile Radio
station WQJF635 operating on Mt. Wilson, in Los Angeles County, 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 violations noted
herein.2
2.
On January 18, 2013, agents of the Enforcement Bureau's Los Angeles District Office
inspected WQJF635 located at 123 CBS Lane, on Mt. Wilson, in Los Angeles County, California, and
observed the following violations:
a.
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..." The license for station WQJF635 specifies Very High
Frequencies (VHF) 152.285 and 157.5450 MHz for the Acumen facility
located at 123 CBS Lane, Mt. Wilson, Los Angeles County, California. At
the time of the inspection, the agents observed that Acumen was operating
land mobile radio station, WQJF635 on frequency 151.580 MHz and
generating a spurious emission on 150.6973 MHz.
b.
47 C.F.R. 90.403(e): "Licensees shall take reasonable precautions to avoid
causing harmful interference. This includes monitoring the transmitting


1 47 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).

Federal Communications Commission

frequency for communications in progress and such other measures as may
be necessary to minimize the potential for causing interference." At the time
of inspection, the agents observed that the radio transmitting equipment
operated by Acumen Communications was generating a spurious emission on
150.6973 MHz and causing interference to licensed services.
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, Acumen 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 Acumen to support its response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Acumen with personal knowledge of the representations provided in Acumen'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 regulatee'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
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, California 90703


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.
2

Federal Communications Commission

6.
This Notice shall be sent to Acumen Communications, at its address of record.
7.
The Privacy Act of 19747 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
Margaret M. Egler
Acting District Director
Los Angeles Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
3

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