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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   D H Blattner and Sons Inc. ) File No. EB-11-SF-0179

   )

   Licensee of Radio Station WPLJ620 ) NOV No. V201232960001

   Avon, MN )

                              NOTICE OF VIOLATION

   Released: October 19, 2011

   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 D. H. Blattner and Sons Inc.,
       ("Blattner") licensee of radio station WPLJ620, Avon, MN.

    2. On, September 1, 2011, in response to a complaint, an agent from the
       Enforcement Bureau's San Francisco Office monitored the frequency
       42.960 MHz, and using direction finding techniques to locate station
       WPLJ620, which was found to be located near the intersection of
       Montezuma and Hills Road, Collinsville, California. The agent observed
       the following violations:

     a. 47 C.F.R. S: 90.403(c): "Except for stations that have been granted
        exclusive channels under this part and that are classified as
        commercial mobile radio service providers pursuant to Part 20 of this
        chapter, each licensee must restrict all transmissions to the minimum
        practical transmission time and must employ an efficient operating
        procedure designed to maximize the utilization of the spectrum." At
        the time of the investigation, the agent observed that WPLJ620 was
        transmitting on 42.9600 MHz nearly continuously.

     b. 47 C.F.R. S: 90.403(e): Licensees shall take reasonable precautions
        to avoid causing harmful 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." At the time of the investigation, the agent observed
        that WPLJ620 was transmitting voice communications, nearly
        continuously on 42.9600 MHz, creating the potential for interference.

     c. 47 C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
        (e) of this section, each station or system shall be identified by
        the transmission of the assigned call sign during each transmission
        or exchange of transmissions, or once each 15 minutes (30 minutes in
        the Public Safety Pool) during periods of continuous operation." At
        the time of the investigation, the agent monitored WPLJ620 for an
        extended period and observed that WPLJ620 did not identify with a
        call sign.

     d. 47 C.F.R. S: 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 under the
        provisions of this part, except as specified in paragraph (b) of this
        section." Radio Station WPLJ620 is a nationwide license on some
        frequencies but is only authorized to operate on 42.960 MHz within a
        120.9 km radius around 45-o 36' 29.9'' north latitude, 94-o 26'
        54.0'' west longitude, Stearns County MN. During the investigation
        Radio Station WPLJ620 was operating on 42.960 MHz in and around
        Montezuma Hills - Collinsville, California.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Blattner must
       submit a written statement concerning this matter within twenty (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
       Blattner. 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 Drive, Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent to Blattner, 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

   Thomas N. VanStavern

   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

   3

                       Federal Communications Commission