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Clackamas 800 Radio Group, Boring, OR

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Released: December 14, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
)
Clackamas 800 Radio Group
)
File No. EB-FIELDWR-12-00005244
Licensee of Station WPYM383
)
)
Boring, Oregon
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NOV No. V201332920003

NOTICE OF VIOLATION

Released: December 14, 2012

By the Resident Agent, Portland Resident Agent 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 Clackamas 800 Radio Group (Clackamas), licensee of radio station
WPYM383 in Boring, Oregon. 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 November 2, 2012, in response to an interference complaint on public safety
frequency 806.2375 MHz, an agent of the Enforcement Bureau’s Portland Office inspected a 10-Channel,
800-MHz Trunked Public Safety Radio Systems installed and operated by Clackamas County at the
address 19750 Polehm Road, Oregon City, Oregon (also known as the Redland site). The inspection
revealed that a Motorola Quantro amplifier associated with Channel 9 of the systems was transmitting
spurious emissions ranging from frequencies approximately 806.072 MHz to 807.1228 MHz. The
following violation was observed:
a.
47 C.F.R. § 90.219(a): “The amplified signal is retransmitted only on the
exact frequency(ies) of the originating base, fixed, mobile, or portable
station(s).” The Motorola Quantro amplifier associated with the WPYM383
800-MHz trunked systems was transmitting spurious emissions outside the
station’s authorized frequencies. Subsequent to the inspection, the contracted


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

Federal Communications Commission

technicians replaced the faulty amplifier and resolved the interference caused
by these emissions.
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, Clackamas 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 Clackamas to support its response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Clackamas with personal knowledge of the representations provided in Clackmas’ 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 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6.
This Notice shall be sent to Clackamas 800 Radio Group at its address of record.


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

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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau


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

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