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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
North Star Engineering & Surveying           )    File No. EB-04-
DV-323
Licensee of Radio Station WPUJ396            )
Pueblo, Colorado                )            NOV# V20053280001
                                )
                                )
                                )


                       NOTICE OF VIOLATION

                                             Released:  November 
3, 2004

By the District Director, Denver Office, Western Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to 
     North Star Engineering & Surveying, licensee of radio 
     station WPUJ396.

  2.      On September 20, 2004, a field agent from the 
     Commission's Denver Office monitored and inspected radio 
     station WPUJ396, operating on the frequency of 461.100 MHz, 
     in Pueblo, Colorado, and observed the following violation:

       a. 47 C.F.R. § 90.403(e):  "Licensees shall take 
          reasonable precautions to avoid causing harmful 
          interference. This includes monitoring the transmitting 
          frequency for communications in progress and other such 
          measures as may be necessary to minimize the potential 
          for causing interference."  Monitoring by the field 
          agent revealed that the licensee made data 
          transmissions without apparent regard for co-channel 
          traffic by other licensees.

     3.   Pursuant to Section 308(b) of the Communications Act of 
1934, as amended,2 and Section 1.89 of the Commission's Rules, 
North Star Engineering & Surveying 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 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 the licensee.  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
                    Denver Office
                    215 S. Wadsworth Blvd., Suite 303
                    Lakewood, CO 80226

     4.   This Notice shall be sent to North Star Engineering & 
Surveying, 111 E. 5th Street, Pueblo, CO 81003.

      5.  The Privacy Act of 19743 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.4

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Nikki P. Shears
                                District Director
                                Denver Office
                                Western Region
                                Enforcement Bureau

_________________________

1 47 C.F.R. § 1.89.

2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.