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Fisher Wireless Services, Inc., Walnut Creek, CA

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Released: August 15, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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)
Fisher Wireless Services, Inc.
)
File No.: EB-FIELDWR-13-00010426
Licensee of Station WPMU872
)
)
NOV No.: V201332960020
Walnut Creek, California
)
)
)

NOTICE OF VIOLATION

Released: August 15, 2013

By the District Director, San Francisco 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 Fisher Wireless Services, Inc., licensee of radio station WPMU872 in
Walnut Creek, 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 February 20, 2013, and April 13, 2013, an agent of the Enforcement Bureau's San
Francisco Office monitored radio station WPMU872 located in Walnut Creek, 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 investigations, the agent
observed that WPMU872 was transmitting on 462.425 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 investigations, the agent monitored WPMU872 and observed a
digitally modulated continuous signal on 462.425 MHz, a frequency shared
with other licensees in the San Francisco area. The agent observed no
evidence of monitoring the transmitting frequency for communications in
process or other measures to avoid interference by WPMU872.
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, Fisher Wireless Services, Inc., 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 Fisher Wireless Services, Inc. to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Fisher Wireless Services, Inc., with personal knowledge of the
representations provided in Fisher Wireless Services, Inc'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 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:


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

Federal Communications Commission
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
6.
This Notice shall be sent to Fisher Wireless Services, Inc. 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
David K. Hartshorn
District Director
San Francisco Office
Western Region
Enforcement Bureau


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

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