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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   United Power ) File No. EB-FIELDWR-12-00002518


   Licensee of Radio Station WPSS323 )

   Brighton, Colorado ) NOV No. V201232800032

                              NOTICE OF VIOLATION

   Released: June 14, 2012

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to United Power, licensee of radio
       station WPSS323, Brighton, CO.

    2. On May 22, 2012, in response to a radio interference complaint, an
       agent from the Enforcement Bureau's Denver Office monitored the
       frequency 451.850 MHz, and used direction finding and other
       investigative techniques to identify transmissions from station
       WPSS323, on Mt. Thorodin in Coal Creek, CO. The agent observed the
       following violations:

     a. 47 C.F.R. S: Section 1.903(a): "Stations in the Wireless Radio
        Services 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 FCC
        agent used direction finding equipment to locate the source of the
        suspected interference to the digital signal emanating from the
        trunked repeater control channel owned and operated by United Power
        atop Mt. Thorodin, Coal Creek, CO. According to the license for
        WPSS323, United Power is authorized to operate with analog emissions
        under the designator of 11K2F3E. The agent found WPSS323 transmitting
        an unauthorized digital emission.

     b. 47 C.F.R. S: 90.403(c): "Except for stations that have been granted
        exclusive channels under this part and that are classified as
        commercial mobile radio service providers pursuant to part 20 of this
        chapter, each licensee must restrict all transmissions to the minimum
        practical transmission time and must employ an efficient operating
        procedure designed to maximize the utilization of the spectrum."
        WPSS323 is authorized to operate as a trunked industrial/business
        radio service. The license indicates the 451.850 MHz channel is a FB6
        station class and thus is not granted exclusive use. At the time of
        the investigation, the agent observed WPSS323 transmitting a
        digitally modulated signal with a continuous duty cycle on 451.850
        MHz. for long periods.

     c. 47 C.F.R. S: 90.403(e): Licensees shall take reasonable precautions
        to avoid causing harmful 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 agent was
        informed by the complainant that the signal observed on 451.850 MHz
        was continuous and causing interference to their reception on 451.850
        MHz which is a channel shared with other licensees. The license
        indicates the 451.850 MHz channel is a FB6 station class and thus is
        not granted exclusive use.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, United Power must
       submit a written statement concerning this matter within twenty (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
       United Power. 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 District Office

   215 South Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent to United Power 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.


   Nikki P. Shears

   District Director

   Denver 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


                       Federal Communications Commission