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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Kitsap County ) File No. EB-07-ST-055


   Licensee of Station WQFY936 ) NOV No. V20073298003

   Kitsap County, Washington )

                              NOTICE OF VIOLATION

   Released: April 26, 2007

   By the District Director, Seattle 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 Kitsap County ("County"),
       licensee of station WQFY936, in Kitsap County, Washington. The Rules
       require we provide the County with this Notice prior to the
       institution of revocation, suspension, or cease and desist proceedings
       against the County and its licenses.

    2. The County is authorized the use of 460.075 MHz for FM Voice emissions
       (designated 20K0F3E) as indicated on the WQFY936 license granted to
       the County on June 14, 2005.

    3. On March 29 and 30, 2007, in response to a complaint of interference
       from Trio Ready Mix Ltd., via Industry Canada's Spectrum Management
       Office, to frequency 460.075 MHz, an agent of the Enforcement Bureau's
       Seattle District Office using a mobile direction-finding vehicle
       monitored the frequency 460.075 MHz and observed the following

     a. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
        to avoid causing 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 the investigation, the Seattle agent,
        after tracking the signal to Port Orchard, Washington, identified the
        signal as WQFY936. Testing confirmed the station was the source of

     b. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service 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..." At the time of the investigation, the agent determined that
        WQFY936 was transmitting data on 460.075 MHz as part of a county-wide
        Mobile Computer Terminal (MCT) System. WQFY936 is only authorized for
        voice transmissions.

    4. If these interfering transmissions continue, we will take additional
       enforcement action which may include substantial monetary forfeitures,
       and the institution of revocation, suspension and/or cease and desist

    5. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Kitsap County must submit
       a written statement concerning this matter within 10 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 Kitsap
       County. 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

   Seattle District Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, WA 98034

    6. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Kitsap County, 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. 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.


   Kristine A. McGowan

   District Director

   Seattle District 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 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