******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Samuel C. Brewer ) File No. EB-10-SF-0313

   Licensee of Radio Station WN6W )

   Lincoln, California ) NOV No. V201132960009

   )

                              NOTICE OF VIOLATION

                                                   Released: January 25, 2011

   By the District Director, San Francisco 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 Samuel C. Brewer ("WN6W"), the
       licensee of the Amateur Radio Service station WN6W in Lincoln,
       California.

    2. On January 4, 2011, in response to a complaint from the American Radio
       Relay League ("ARRL") concerning interference to amateur radio
       communications to repeater stations operating on 146.775 MHz, agents
       of the Enforcement Bureau's San Francisco Office used mobile direction
       finding techniques to locate the non-coordinated two-meter Amateur
       Radio repeater owned by Brewer. The malfunctioning repeater was
       causing interference to K6BW and N1PPP repeaters in Novato and
       Kelseyville, California, respectively. The agents located your
       repeater at Red Mountain, 38'0 27' 09.0" north latitude and 122'0 30'
       36.0" west longitude, northeast of Kenwood, California, and observed
       the following violations:

     a. 47 C.F.R. S: 97.119(a): "Each amateur station, except a space station
        or telecommand station, must transmit its assigned call sign on its
        transmitting channel at the end of each communication, and at least
        every 10 minutes during the communications, for the purpose of
        clearly making the source of the transmissions from the station known
        to those receiving the transmissions. No station may transmit
        unidentified communications or signals, or transmit as the station
        call sign, any call sign not authorized to the station." On January
        4, 2011 between 9:00 AM to 2:20 PM, agents determined that WN6W
        repeater station failed to transmit its call sign.

     b. 47 C.F.R. S: 97.103 (a): "The station licensee is responsible for the
        proper operation of the station in accordance with the FCC Rules." At
        the time of inspection, agents determined that the WN6W repeater
        station had malfunctioned and was transmitting a continuous
        unmodulated signal that interfered with the amateur radio repeaters
        operated by K6BW and N1PPP on 146.775 MHz.

     c. 47 C.F.R. S: 97.205(c): "Where the transmissions of the repeater
        cause harmful interference to another repeater, the two station
        licensees are equally and fully responsible for resolving the
        interference unless the operation of one station is recommended by a
        frequency coordinator and the operation of the other station is not.
        In that case, the licensee of the non-coordinated repeater has
        primary responsibility to resolve the interference." The
        non-coordinated WN6W repeater interfered with the two amateur radio
        repeaters, K6BW and N1PPP. At the time of the inspection, a site
        technician unplugged the power to the repeater to resolve the
        interference. It is the responsibility of WN6W to resolve the
        interference and the station should not be reactivated until the
        cause of the malfunction is eliminated.

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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Samuel C. Brewer at his 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. Van Stavern

   District Director

   San Francisco District 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

   3

                       Federal Communications Commission