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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Montana )

   Aeronautics Division ) File No. EB-09-PO-0032

   Licensee of Multicom Station WOI8 )

   ) NOV No. V201032920001

   Red Lodge Airport, Montana )

                              NOTICE OF VIOLATION

   Released: October 29, 2009

   By the Resident Agent, Portland Resident Agent 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 - Aeronautics
       Division, licensee of aeronautical multicom station WOI8.

    2. On July 17, 2009, in response to a complaint of interference from an
       aircraft pilot, an agent from the Enforcement Bureau's Portland
       Resident Agent Office initiated an investigation into the allegations
       and observed the following violation:

   47 C.F.R. S: 87.237(a): "The communications of an aeronautical multicom
   (multicom) must pertain to activities of a temporary, seasonal or
   emergency nature involving aircraft in flight. Communications are limited
   to directing or coordinating ground activities from the air or aerial
   activities from the ground. Air-to-air communications will be authorized
   if the communications are directly connected with the air-to-ground or
   ground-to-air activities described above. Multicom communications must not
   include those air/ground communications provided for elsewhere in this

   Investigation by the Portland agent determined an automated weather
   station had been added to the operation of the multicom which resulted in
   automatic operation of the multicom and interference to aircraft. There is
   no provision in Part 87 of the Commission's Rules which allows automatic
   operation of a multicom station.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, the State of
       Montana - Aeronautics Division 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 the 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 State of Montana - Aeronautics
       Division. 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

   Portland Resident Agent Office

   P.O Box 61469

   Vancouver, WA 98666-1469

    4. This Notice shall be sent to the State of Montana - Aeronautics
       Division 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   See, e.g., Section 87.219 of the Commission's Rules, 47 C.F.R. S: 87.219,
   which allows automatic operation of aeronautical unicom stations.

   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