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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   ASARCO, LLC )

   )  File No. EB-FIELDWR-12-00008056

   Licensee of Station WQHR264 )

   ) NOV No. V201332940011

   Sahaurita, Arizona )

                              NOTICE OF VIOLATION

   Released: May  9, 2013

   By the  District Director,  San Diego 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 (Rules),^ to  ASARCO, LLC, licensee of Land
       Mobile radio station WQHR264, operating on the frequencies of 152.900
       MHz, 152.930 MHz, and 152.975 MHz in Sahaurita, Arizona.   Pursuant to
       Section 1.89(a) of the 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 noted herein.^

    2. On April 9, 2013, in response to a complaint, an agent of the
       Enforcement Bureau's San Diego Office inspected the radio station
       WQHR264 located at 4201 West Pima Mine Road, Sahaurita, Arizona 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." During the inspection on April 9, 2013, the agent determined
        that spurious emissions from station WQHR264 caused harmful
        interference to the complainant's frequencies in the 153 MHz band.
        An ASARCO representative turned off the power to the transmitters
        operating on 152.900 MHz, 152.930 MHz, and 152.975 MHz, and the
        interference ceased.

     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 thetime of the investigation, Station WQHR264
        caused harmful interference to the complainant's frequencies in the
        153 MHz band.

    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, ASARCO 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  ASARCO  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       ASARCO with personal knowledge of the representations provided in
       ASARCO'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

   San Diego Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to  ASARCO, LLC, 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

   James T. Lyon

   District Director

   San Diego 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

                       Federal Communications Commission