speedway_navigator
Member
Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of
David Dean
Licensee of Station K0PWO
Centennial, CO
File No. EB-FIELDWR-22-00034110
FRN: 0002147031
NOTICE OF VIOLATION
Released: November 16, 2022
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to section 1.89 of the Commission’s rules 47 CFR § 1.89.
to David Dean (Dean), licensee of radio station K0PWO in Centennial, Colorado. Pursuant to section 1.89(a) of the Commission’s 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 violations noted herein. 47 CFR § 1.89(a).
2. On August 1, 2022, the Commission received a complaint from the State of Colorado alleging that someone had illegally cloned a radio ID that was transmitting on the State’s digital trunked radio system (DTRS) without authorization. The licensee of WPMI204 is Jefferson County, Colorado. The system, however, is operated by the State of Colorado as part of the state’s digital trunked radio system.
The complaint was referred to the Enforcement Bureau’s Denver Office for investigation. On August 3, 2022, agents from the Commission’s Denver Office determined through direction-finding techniques, a signal was being transmitted from Dean’s residence. During the investigation, Dean provided a handheld radio, a Motorola XTS2500, that when pinged by a representative of the State of Colorado, responded to the ping indicating that the radio in Dean’s possession was the cloned radio. A “ping” is an over-the-air digital data signal used to establish a service connection with the radio and the system.
The agents observed the following violation:
a. 47 CFR § 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 . . .”: Dean was observed with a radio that operated in public safety bands even though his amateur radio license did not authorize him to operate on those frequencies. Additionally, Dean was not able to provide any authorization to operate on the Colorado DTRS from Jefferson County, Colorado, the State of Colorado, nor any entity associated with the State of Colorado’s DTRS. As indicated above, by simply turning the Motorola XTS2500 radio on, it pinged the State of Colorado’s DTRS to establish access, resulting in Dean operating on public safety frequencies.
3. Pursuant to section 308(b) of the Communications Act of 1934, as amended (Act), and section 1.89 of the Commission’s rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. § 308(b); 47 CFR § 1.89.
Therefore, David Dean 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 timeline 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. 47 CFR § 1.89(c).
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of
David Dean
Licensee of Station K0PWO
Centennial, CO
File No. EB-FIELDWR-22-00034110
FRN: 0002147031
NOTICE OF VIOLATION
Released: November 16, 2022
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to section 1.89 of the Commission’s rules 47 CFR § 1.89.
to David Dean (Dean), licensee of radio station K0PWO in Centennial, Colorado. Pursuant to section 1.89(a) of the Commission’s 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 violations noted herein. 47 CFR § 1.89(a).
2. On August 1, 2022, the Commission received a complaint from the State of Colorado alleging that someone had illegally cloned a radio ID that was transmitting on the State’s digital trunked radio system (DTRS) without authorization. The licensee of WPMI204 is Jefferson County, Colorado. The system, however, is operated by the State of Colorado as part of the state’s digital trunked radio system.
The complaint was referred to the Enforcement Bureau’s Denver Office for investigation. On August 3, 2022, agents from the Commission’s Denver Office determined through direction-finding techniques, a signal was being transmitted from Dean’s residence. During the investigation, Dean provided a handheld radio, a Motorola XTS2500, that when pinged by a representative of the State of Colorado, responded to the ping indicating that the radio in Dean’s possession was the cloned radio. A “ping” is an over-the-air digital data signal used to establish a service connection with the radio and the system.
The agents observed the following violation:
a. 47 CFR § 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 . . .”: Dean was observed with a radio that operated in public safety bands even though his amateur radio license did not authorize him to operate on those frequencies. Additionally, Dean was not able to provide any authorization to operate on the Colorado DTRS from Jefferson County, Colorado, the State of Colorado, nor any entity associated with the State of Colorado’s DTRS. As indicated above, by simply turning the Motorola XTS2500 radio on, it pinged the State of Colorado’s DTRS to establish access, resulting in Dean operating on public safety frequencies.
3. Pursuant to section 308(b) of the Communications Act of 1934, as amended (Act), and section 1.89 of the Commission’s rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. § 308(b); 47 CFR § 1.89.
Therefore, David Dean 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 timeline 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. 47 CFR § 1.89(c).
