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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Turner Construction ) File No. EB-FIELDWR-12-00003998

   Licensee of Station WQGM451  )

   Seattle, WA  ) NOV No. V201232980004

   )

                              NOTICE OF VIOLATION

   Released: September 13, 2012

   By the Acting District Director, Seattle District 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 Turner Construction, licensee of radio
       station WQGM451 in Seattle, Washington. Pursuant to Section 1.89(a) of
       the Commission's Rules, issuance of this NOV does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation(s)
       noted herein.

    2. On August 29, 2012, an agent of the Enforcement Bureau's Seattle
       District Office inspected radio station WQGM451, located at 1915 2nd
       Ave, Seattle, Washington, and observed the following violation:

     a. 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." Turner Construction is operating mobile (MO) radios,
        call sign WQGM451, and failing to monitor before transmitting on
        468.2125 MHz, thus causing interference to the repeater input
        frequency (FB8) of licensee Whisler Communications, call sign
        WPWK633.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken. Therefore, Turner Construction, 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 time line
       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.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Turner Construction to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Turner Construction with personal knowledge
       of the representations provided in Turner Construction's response,
       verifying the truth and accuracy of the information therein, and
       confirming that all of the information requested by this Notice which
       is in the licensee's possession, custody, control, or knowledge has
       been produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.

    5. 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

   Seattle District Office

   11410 NE 122nd Way, Suite 312

   Kirkland, Washington 98034

    6. This Notice shall be sent to Turner Construction at its address of
       record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Leo Cirbo

   Acting District Director

   Seattle District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

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

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission

   2

                       Federal Communications Commission