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

In the Matter of                )
Mangini & Associates, Inc.      )            File  No.  EB-04-DV-
Licensee of Radio Station WPSZ632            )
Pueblo, Colorado                )            NOV# V20053280002

                       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 
     Mangini & Associates, Inc., licensee of radio station 

  2.      On September 20, 2004, a field agent from the 
     Commission's Denver Office monitored and inspected radio 
     station WPSZ632, 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, 
Mangini & Associates, Inc., 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 Mangini & Associates, 
Inc., 4718 N. Elizabeth, Suite A, Pueblo, CO 81008.

      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. 

                                FEDERAL COMMUNICATIONS 

                                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.