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USA Mobility Wireless, Inc., Texas City, TX

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Released: August 14, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
USA Mobility Wireless, Inc.
)
File No.: EB-FIELDSCR-13-00010380
)
Licensee of Station WPSG659
)
NOV No.: V201332540017
)
Texas City, Texas
)
)

NOTICE OF VIOLATION

Released: August 14, 2013

By the Resident Agent, Houston Office, South Central 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 USA Mobility Wireless, Inc., licensee of Station WPSG659 in Texas
City, Texas. 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 29, 2013, an agent of the Enforcement Bureau's Houston Office monitored
Station WPSG659 located in Texas City, Texas, and observed the following violation:
a.
47 C.F.R. 90.210(b): "For transmitters that are equipped with an audio low
pass filter, the power of any emission must be attenuated below the
unmodulated carrier power (P) as follows: (3) On any frequency removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: at least 43 + 10 log (P) dB." At the time of observation, a
spurious emission from your transmitter on the frequency 928.985 MHz was
measured to be reduced below the carrier by an amount of 31.3 dB. This
emission was causing interference to licensed users on that frequency.


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

Federal Communications Commission

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, USA Mobility Wireless, 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 USA Mobility Wireless, 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 USA Mobility Wireless, Inc. with personal knowledge of the
representations provided in USA Mobility Wireless, 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 USA Mobility Wireless, Inc.'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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6.
This Notice shall be sent to USA Mobility Wireless, Inc. 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
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau


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

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