**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

Certified Mail \#

Return Receipt Requested

In the Matter of )

)

Cingular Wireless ) File No. EB-05-ST-156

P.O. Box 8229 )

Aurora, IL 60572 ) NOV No. V20053298007

)

NOTICE OF VIOLATION

Released: July 25, 2005

By the Acting District Director, Seattle 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 Cingular Wireless
    (\"Cingular\").

2.  On March 22, 2005, the Snohomish County Emergency Radio System
    reported receiving continuous interference to their trunked radio
    system on the band between 821.3125 MHz and 821.7375 MHz. Agents of
    the Commission\'s Seattle Office utilized a mobile direction finding
    vehicle to trace the source of interference to a Cingular
    Cellular/PCS donor site located at 725 SE Everett Mall Way, Everett,
    Washington, and observed the following violations:

    a.  47 C.F.R. § 1.903: \'\'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.\'\' On March 22, 2005,
        Cingular was transmitting in the band of frequencies between
        821.3125 MHz and 821.7375 MHz, from 725 SE Everett Mall Way,
        Everett, Washington. Cingular did not have an authorization to
        operate on frequencies between 821.3125 MHz and 821.7375 MHz
        from that location.

    b.  47 C.F.R. § 22.917(d): "Interference caused by out of band
        emissions. If any emission from a transmitter operating in this
        service results in interference to users of another radio
        service, the FCC may require a greater attenuation of that
        emission than specified in this section." On March 22, 2005,
        Cingular was transmitting out of its licensed band, causing
        interference to the Snohomish County Emergency Radio System.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Cingular
    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 Cingular. 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
>
> Seattle Office
>
> 11410 NE 122^nd^ Way, Suite 312
>
> Kirkland, WA 98034

4.  Additionally, pursuant to Section 403 of the Communications Act of
    1934, as amended,[^3] and Section 1.17 of the Commission's
    Rules,[^4] provide a complete explanation to the following questions
    along with the requested information and any relevant documents:

    a.  What is the make, model and manufacturer of the equipment
        located at 725 SE Everett Mall Way, Everett, Washington and what
        caused the equipment at this location to produce the
        interference?

    b.  Pursuant to what authority does Cingular operate this type of
        "donor" or repeater sites? How does Cingular utilize these sites
        and how are these sites removed from service once a system build
        out makes them redundant or obsolete?

Submit a sworn affidavit or declaration under penalty of perjury, signed
by a principal, officer or director of Cingular Wireless, attesting to
the truth and accuracy of the response.

5.  This Notice shall be sent by Certified Mail/Return Receipt Requested
    and regular mail to Cingular Wireless, at its address of record.

6.  The Privacy Act of 1974[^5] 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.[^6]

FEDERAL COMMUNICATIONS COMMISSION

Kristine McGowan

Acting District Director

Seattle Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: 47 U.S.C. § 403.

[^4]: 47 C.F.R. § 1.17.

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

[^6]: 18 U.S.C. § 1001 *et seq.*