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AMS Spectrum Holdings, LLC, Warminster, PA

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Released: May 3, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
AMS Spectrum Holdings, LLC
)
File No.: EB-FIELDNER-13-00007663
Licensee of Station WPKT947
)
Warminster, Pennsylvania
)
NOV No.: V201332400025
)

NOTICE OF VIOLATION

Released: May 3, 2013

By the District Director, Philadelphia Office, Northeast 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 AMS Spectrum Holdings, LLC, licensee of Private Carrier Paging Station
WPKT947. 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 noted herein.2
2.
On March 20, 2013, in response to an interference complaint, agents of the Enforcement
Bureau’s Philadelphia Office inspected Station WPKT947 located at 225 Newtown Road, Warminster,
Pennsylvania, and observed the following violation:
47 C.F.R. § 22.359(a): “The power of any emission outside of the authorized
operating frequency ranges must be attenuated below the transmitting power (P) by a
factor of at least 43 + 10 log (P) dB.”3 At the time of inspection, the agents found
that AMS Spectrum Holding’s paging transmitter operating on 929.9375 MHz was
generating spurious emissions that exceeded the emission mask limit.4
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,5 and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, AMS Spectrum Holdings must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response (i) must fully explain each


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 According to Section 90.493(b) of the Commission’s Rules, 47 C.F.R. § 90.493(b), paging operations on exclusive channels in
the 929-930 MHz band, such as station WPKT947, are subject to the licensing, construction and operation rules of Part 22.
4 Based on the transmitter output power of 200 Watts, the spurious emissions should be attenuated at least 66 dB below the
authorized transmitting power. The agents observed several spurious emissions that were not sufficiently attenuated.
5 47 U.S.C. § 308(b).

Federal Communications Commission

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.6
4.
In accordance with Section 1.16 of the Rules, we direct AMS Spectrum Holdings to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of AMS Spectrum Holdings with personal knowledge of the
representations provided in AMS Spectrum Holdings’ response, verifying the truth and accuracy of the
information therein,7 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.8
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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6.
This Notice shall be sent to AMS Spectrum Holdings at its address of record.


6 47 C.F.R. § 1.89(c).
7 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.
8 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19749 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 Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau


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

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