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 )

   )

   Hensel Phelps Construction Company )  File No. EB-FIELDWR-13-00006751

   Licensee of Station WQMB840 )

   )

   Honolulu, Hawaii  )    NOV No. V201332860005

   )

                              NOTICE OF VIOLATION

   Released: February 14, 2013

   By the Resident Agent, Honolulu  Office, Western Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to Hensel Phelps Construction
       Company (Hensel Phelps), licensee of Land Mobile Radio station WQMB840
       in Honolulu, Hawaii.   Pursuant to Section 1.89(a) of the Rules,
       issuance of this Notice does not preclude the Enforcement Bureau from
       further action if warranted, including issuing a Notice of Apparent
       Liability for Forfeiture for the violations noted herein.

    2. On December  12, 2012, agents of the Enforcement Bureau's Honolulu
       Office inspected WQMB840  located at the Red Hill Underground Fuel
       Storage Facility, Lower Access Tunnel FISC ADIT 3 entrance,  Honolulu,
       Hawaii, and observed the following violations:

     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..." The license for station
        WQMB840 authorizes operation on  451.8125  and 456.8125  MHz  for the
        Hensel Phelps facility located at the Red Hill Underground Fuel
        Storage Facility, Lower Access Tunnel FISC ADIT 3 entrance, Honolulu,
        Hawaii.  At the time of the inspection, the agents observed that
        Hensel Phelps was operating on frequencies 156.800 and 156.7375 MHz.

     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 inspection, the Honolulu agents
        observed radio transmitting equipment operated by Hensel Phelps
        generating emissions  and causing harmful interference on 156.800 and
        156.7375 MHz. 156.800 MHz is the international radiotelephone
        distress, urgency, safety, call and reply frequency, and is monitored
        by the local Coast Guard Joint Rescue Coordination Center facility.

    3. Pursuant to Section  308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken.  Therefore,
       Hensel Phelps  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 Rules, we direct Hensel Phelps 
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Hensel Phelps  with personal knowledge of the
       representations provided in Hensel Phelps'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
       regulatee'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

   Honolulu Office

   P.O. Box 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to Hensel Phelps Construction Company,  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

   Ryan Hagihara

   Resident Agent

   Honolulu  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 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

   3

                       Federal Communications Commission