Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) USA Mobility Wireless, Inc. ) File No. EB-10-PO-0030 PCS Narrowband Call Sign KNKV236 ) Happy Valley, Oregon ) NOV No. V201032920007 NOTICE OF VIOLATION Released: May 5, 2010 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,1 to USA Mobility Wireless, Inc. (“USA Mobility”), licensee of PCS Narrowband radio station KNKV236. 2. On April 21, 2010, in response to an interference complaint, an agent from the Enforcement Bureau’s Portland Resident Agent Office monitored and located the interfering signals to radio station KNKV236, in Happy Valley, Oregon, and observed the following violation: a. 47 C.F.R. § 24.133(c): “When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.” During a FCC inspection conducted on April 21, 2010, the inspecting agent determined that the PCS Narrowband transmitter model Glenayre GL-T8500 was transmitting out of band emissions causing harmful interference to the complainant’s station on the adjacent channel. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, USA Mobility must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of USA Mobility. 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: 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 Federal Communications Commission Portland Resident Agent Office P.O Box 61469 Vancouver, WA 98666-1469 4. This Notice shall be sent to the USA Mobility Wireless, Inc., at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.