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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   City of Brentwood ) File No. EB-05-SF-390

   Licensee of Radio Station WPUK662 )

   ) NOV No. V20063296001

   Brentwood, CA )

   Attention: Water Department )

                              NOTICE OF VIOLATION

   Released: March 7, 2006

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to the City of Brentwood ("City"),
       licensee of radio station WPUK662.

    2. On December 7, 2005, an agent of the Commission's San Francisco Office
       monitored and inspected radio stationWPUK662 located at 2201 Elkins
       Building G, Brentwood, California, and observed the following

     a. 47 C.F.R. S 1.903(a): "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." At the time of the inspection, the station was operating on
        the unauthorized frequencies 461.375 and 466.375 MHz. Station WPUK662
        is authorized to use the frequencies 461.450 and 466.450 MHZ.

     b. 47 CFR S 90.403(e): "Licensees shall take reasonable precautions to
        avoid causing interference. This includes monitoring the transmitting
        frequency for communications in progress and such other measures as
        may be necessary to minimize the potential for causing interference."
        The City's operation on unauthorized frequencies 461.375 and 466.375
        MHz caused interference to authorized users. Attempts by the City to
        resolve the interference have not been successful.

     c. 47 CFR S 90.403(g): "The radiations of the transmitter shall be
        suspended immediately upon detection or notification of a deviation
        from the technical requirements of the station authorization and
        until such deviation is corrected..." The City was notified that its
        operation on the frequencies of 461.375 and 466.375 MHz deviated from
        the technical terms of their station authorization.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, City of
       Brentwood, 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 the licensee. 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

   San Francisco Office

   5653 Stoneridge Dr., Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent to City of Brentwood at its address of

    5. The Privacy Act of 1974 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.


   Thomas N. Van Stavern

   District Director

   San Francisco District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

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

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission