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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Johnnie Bergman ) File No. EB-06-PO-176

   Licensee of Radio Station N7FGF )

   Eugene, Oregon ) NOV No. V20073292002

                              NOTICE OF VIOLATION

   Released:   January 17, 2007

   By the Resident Agent, Portland Resident Agent 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 Johnnie Bergman, licensee of
       amateur radio station N7FGF, Eugene, Oregon.

    2. In response to a co-channel interference complaint, on December 4,
       2006, an agent of the Enforcement Bureau's Portland Resident Agent
       Office located and inspected radio station N7FGF at location 1255
       Hilyard Street, Eugene, Oregon 97401, and observed the following

   a. 47 C.F.R. S Section 97.7: "When transmitting, each amateur station must

   a control operator." At the time of the inspection, the amateur radio

   N7FGF was found unattended, the radio model Alinco DR-599, serial number

   0001949 was locked in a room located on 6^th floor of the Sacred Heart

   Center, Eugene, Oregon.

   b. 47 C.F.R S Section 97.105(a): "The control operator must ensure the

   proper operation of the station, regardless of the type of control." At
   the time of

   the inspection, the referenced transmitter above was transmitting an

   carrier on frequency 146.38 MHz.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Johnnie Bergman, N7FGF,
       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 Johnnie Bergman. 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

   Portland Resident Agent Office

   PO Box 61469

   Vancouver, Washington 98666-1469

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Johnnie Bergman, at his address of

    5. 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. 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

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

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission