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City of Bellflower, Bellflower, CA

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Released: August 1, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
City of Bellflower
) File No.: EB-FIELDWR-13-00010030
Licensee of Station WQKK350
)
)
Bellflower, California
) NOV No.: V201332900035
)
)
)
)

NOTICE OF VIOLATION

Released: August 1, 2013

By the 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 City of Bellflower, licensee of radio station WQKK350 in Bellflower,
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.2
2.
On July 23, 2013, an agent of the Enforcement Bureau's Los Angeles Office monitored
radio station WQKK350 located at 16600 Civic Center Drive, Bellflower, California and observed the
following violations:
a.
47 C.F.R. 90.403(c): "Except for stations that have been granted exclusive
channels under this part and that are classified as commercial mobile radio
service providers pursuant to Part 20 of this chapter, each licensee must
restrict all transmissions to the minimum practical transmission time and
must employ an efficient operating procedure designed to maximize the
utilization of the spectrum." At the time of the investigation, the agent
observed that WQKK350 was transmitting on 461.9375 MHz nearly
continuously.
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 the investigation, the agent monitored WQKK350 and observed a digitally
modulated continuous signal on 461.9375 MHz, a frequency shared with
other licensees in the Bellflower area. The agent observed no evidence of
monitoring the transmitting frequency for communications in process or any
other measures to avoid interference by WQKK350.
c.
47 C.F.R. 90.425(a): "Stations licensed under this part shall transmit
identification in accordance with the following provisions: (a) Identification
procedure.
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. The call sign shall be transmitted by voice in the
English language or by International Morse Code in accordance with
paragraph (b) of this section. If the station is employing either analog or
digital voice scrambling, or non-voice emission, transmission of the required
identification shall be in the unscrambled mode using A3E, F3E or G3E
emission, or International Morse, with all encoding disabled." At the time of
the monitoring, no identification of the station was observed.
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, City of Bellflower 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 City of Bellflower to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of City of Bellflower, with personal knowledge of the representations provided in City
of Bellflower's response, verifying the truth and accuracy of the information therein,5 and confirming that


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.
2

Federal Communications Commission

all of the information requested by this Notice which is in the licensee'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 Rd., #660
Cerritos, CA 90703
6.
This Notice shall be sent to City of Bellflower 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
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau


6 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.
7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
3

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