Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   State of Montana ) File No. EB-06-DV-358

   Licensee of Radio Station WNNG250 )

   Miles City, Montana ) NOV No. V20073280002

                              NOTICE OF VIOLATION

   Released: October  16, 2006

   By the District Director, Denver 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 State of Montana, licensee of
       radio station WNNG250 in Miles City, Montana.

    2. On August 30, 2006, agents of the Enforcement Bureau's Denver Office
       inspected radio station WNNG250 located at the Pine Hills Youth
       Correctional Facility, and observed the following violation:

   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, WNNG250, which is licensed for a
   fixed base transmitter location at coordinates 46-o 24' 24'' north
   latitude and 105-o 50' 49'' west longitude, was found located at the Pine
   Hills Youth Correctional Facility with coordinates 46-o 24' 29'' north
   latitude and 105-o 49' 20'' west longitude. This is a distance of
   approximately 1.2 miles between licensed and actual fixed base transmitter
   coordinates.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, the State of Montana, 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 an officer or official of the
       State of Montana. 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

   Denver Office

   215 South Wadsworth Blvd., Suite 303

   Lakewood, CO 80226-1566

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

    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.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

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

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

   Federal Communications Commission

   2

                       Federal Communications Commission