******************************************************** 
                      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 )

   )

   Gold Creek Cellular of Montana  )  File No. EB-FIELDWR-12-00004066

   Limited Partnership )

   Antenna Structure Registrant )

   ASR # 1003783 )  NOV No. V201232800059

   Cut Bank, MT 59454 )

   )

                              NOTICE OF VIOLATION

   Released: September 13, 2012

   By the District Director, Denver 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, to Gold Creek Cellular of Montana Limited
       Partnership (Gold Creek), registrant of antenna structure # 1003783 
       by Cut Bank, MT.  Pursuant to Section 1.89(a) of the Commission's
       Rules, issuance of this NOV does not preclude the Enforcement Bureau
       from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation noted herein.

    2. On August 9, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected antenna structure # 1003783 located at 48DEG
       47' 21.0"  north latitude and 112DEG 02' 36.0"  west longitude
       (approximately 7.7 miles southwest of Sunburst, MT), and observed the
       following violation:

     a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be registered on or after
        January 1, 1996, must conform to the FAA's painting and lighting
        recommendations set forth on the structure's FAA determination of "no
        hazard," as referenced in the FAA Advisory Circulars..." The Antenna
        Structure Registration for antenna structure # 1003783 requires
        medium intensity dual lights in accordance with FAA Circular Number
        70/7460-1K, Chapters 4, 8, and 12. During the daytime inspection on
        August 9, 2012, the agent observed that the red lights were on and
        the white lights were off. Subsequent to the inspection, a Gold Creek
        employee informed the agent that equipment had failed and, as a
        result, the red lights were on continually on  and the white lights
        were off continually.

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken.  Therefore,  Gold Creek must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Gold Creek to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Gold Creek with personal knowledge of the
       representations provided in Gold Creek's response, verifying the truth
       and accuracy of the information therein, and confirming that all of
       the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Gold Creek Cellular of Montana Limited
       Partnership 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver  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.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission

   3

   3

                       Federal Communications Commission