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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                    )                            


     Fairbanks Fuel Co Inc               )   File No.: EB-09-AN-0029  


     Licensee of Radio Station WPWH474   )                            

     Fairbanks, Alaska                   )    NOV No.: V201032780001  


                              NOTICE OF VIOLATION

                                                    Released: January 8, 2010

   By the Resident Agent, Anchorage 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 Fairbanks Fuel Co Inc (Fairbanks
       Fuel), licensee of radio station WPWH474 in Fairbanks, Alaska.

    2. On November 10, 2009, and November 12, 2009, an agent of the
       Enforcement Bureau's Anchorage Resident Agent Office monitored the
       radio frequency 159.495 MHz and observed various communications
       involving fuel deliveries in and around the Fairbanks area. The
       communications involved both mobile-to-mobile and mobile-to-office
       (base) transmissions. Research of Commission records finds that
       Fairbanks Fuel is the only licensed user of the frequency 159.495 MHz
       in the area. The following violations were observed:

     a. 47 C.F.R. S: 1.903(b): "The holding of an authorization does not
        create any rights beyond the terms, conditions and period specified
        in the authorization." Fairbanks Fuel's authorization, WPWH474,
        authorizes only mobile stations on the frequencies 159.495 MHz and
        159.540 MHz. WPWH474 does not authorize the use of a base station.

     b. 47 C.F.R. S: 90.425(a): "Stations licensed under this part . . .
        shall be identified by the transmission of the assigned call sign
        during each transmission or exchange of transmissions, or once each
        15 minutes . . . during periods of continuous operation." During the
        monitoring and observation period by the Anchorage agent, on November
        10, 2009, approximately 1:15 PM through 2:10 PM (AST), with various
        communications, and on November 12, 2009, approximately 4:55 PM
        through 5:30 PM (AST), with various communications, no call sign was

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Fairbanks Fuel,
       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
       Fairbanks Fuel. 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

   Anchorage Resident Agent Office

   P.O. Box 221849

   Anchorage, AK 99522-1849

    4. This Notice shall be sent to Fairbanks Fuel, at its address of record.

    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.


   David J. Charlton

   Resident Agent

   Anchorage Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   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