**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Dick Pacific )

) File No. EB-07-HL-211

Licensee of Radio Station WQFN497 )

Honolulu, Hawaii ) NOV No. V20073286012

)

)

NOTICE OF VIOLATION

Released: September 25, 2007

By the Resident Agent, Honolulu 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 Dick Pacific,
    licensee of radio station WQFN497 in Honolulu, Hawaii.

2.  On September 13, 2007, in response to a complaint of interference,
    agents of the Enforcement Bureau's Honolulu Office inspected radio
    station WQFN497 (a Trimble HPB450 radio modem) located at the NCTAMS
    PAC military installation, Wahiawa, HI, and observed the following
    violation:

    a.  47 C.F.R. § 1.903(a): "*General rule.* Stations in the Wireless
        Radio Services must be used and operated only in accordance with
        the rules applicable to their particular service as set forth in
        this title and with a valid authorization granted by the
        Commission under the provisions of this part ...." The WQFN497
        station license authorizes Dick Pacific to operate a mobile
        itinerant station (MOI) statewide on 467.8625, 467.8875 or
        467.9125 MHz with an output power of 2 watts or to operate a
        mobile station (MO) within a 60-mile km radius around 21-17-3.2
        N x 157-50-14.5 W, Honolulu, HI on 468.2625, 468.2875, 468.3625,
        468.4375, 468.4625, 468.5125, 468.5375, 468.5625, 468.5875,
        468.8125, 468.8375 or 468.2125 MHz with an output power of 2
        watts. A Trimble HPB450 radio modem was operating on 469.600 MHz
        with 35 watts of output power. This operation was causing
        interference to WNMM962, Honolulu, Hawaii.

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Dick
    Pacific, 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 Dick Pacific. 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
>
> Honolulu Office
>
> P.O. Box 971030
>
> Honolulu, Hawaii 96797-1030

4.  This Notice shall be sent by Certified Mail/Return Receipt Requested
    and regular mail to Dick Pacific at its address of record.

5.  The Privacy Act of 1974[^3] 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

Ryan Hagihara

Resident Agent

Honolulu Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 403.

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*