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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Vulcan Northwest ) File No. EB-FIELDWR-12-00003790

   Licensee of Station WPOZ551  )

   Lopez Island, WA  ) NOV No. V201232980003

   )

                              NOTICE OF VIOLATION

   Released: September 13, 2012

   By the Acting 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, to Vulcan Northwest, licensee of radio
       station WPOZ551 in Lopez Island, Washington. 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 violations noted herein.

    2. On August 16, 2012, an agent of the Enforcement Bureau's Seattle
       District Office inspected radio station WPOZ551, located at 1469
       Sperry Road, Lopez Island, Washington, and observed the following
       violation:

     a. 47 C.F.R. S: 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, except as specified in paragraph (b) of this section." Vulcan
        Northwest is operating a fixed repeater station on the frequency
        451.4375 MHz, and a second fixed repeater station on 451.6375 MHz.
        The radio station license, WPOZ551, authorizes operation only by
        mobile radio stations (MO) on these frequencies, 451.4375 MHz and on
        451.6375 MHz.

     b. 47 C.F.R. S: 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, except as specified in paragraph (b) of this section." Vulcan
        Northwest is operating mobile radio stations (MO) on 456.4375 MHz and
        on 456.6375 MHz, using modulation type 7K60FXE on both frequencies.
        Vulcan Northwest's radio station license, WPOZ551, authorizes
        operation by mobile radio stations (MO) on 456.4375 MHz and on
        456.6375 MHz, with modulation type11K0F3E.

     c. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions
        to avoid causing harmful interference. [Author ID1: at Fri Sep 7
        10:57:00 2012 ] 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." 
        [Author ID1: at Fri Sep 7 10:57:00 2012 ]Vulcan Northwest is
        operating an [Author ID1: at Fri Sep 7 10:57:00 2012
        ]unauthorized[Author ID2: at Fri Sep 7 10:58:00 2012 ] repeater
        station on 451.6375 MHz, causing interference to a Canadian repeater,
        call sign VEO585, [Author ID1: at Fri Sep 7 10:57:00 2012
        ]operating[Author ID2: at Fri Sep 7 10:59:00 2012 ]  [Author ID1: at
        Fri Sep 7 10:57:00 2012 ]on[Author ID2: at Fri Sep 7 10:59:00 2012 ]
        the same[Author ID2: at Fri Sep 7 11:00:00 2012 ] output
        frequency[Author ID1: at Fri Sep 7 10:57:00 2012 ],[Author ID2: at
        Fri Sep 7 11:00:00 2012 ] 451.6375 MHz. Vulcan Northwest is also
        operating [Author ID1: at Fri Sep 7 10:57:00 2012 ]mobile radio
        stations ([Author ID2: at Fri Sep 7 11:02:00 2012 ]MO[Author ID1: at
        Fri Sep 7 10:57:00 2012 ])[Author ID2: at Fri Sep 7 11:02:00 2012 ],
        call sign WPOZ551, on 456.6375 MHz, and failing to monitor before
        transmitting, causing interference to the input frequency of the
        Canadian licensee's repeater station, call sign VEO585. [Author ID1:
        at Fri Sep 7 10:57:00 2012 ][Author ID1: at Fri Sep 7 10:57:00 2012 ]

    3. Pursuant to Section 308(b) 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, Vulcan Northwest 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
       Vulcan Northwest  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Vulcan Northwest with personal knowledge of
       the representations provided in Vulcan Northwest'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

   Seattle District Office

   11410 NE 122nd Way, Suite 312

   Kirkland, Washington 98034

    6. This Notice shall be sent to Vulcan Northwest 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

   Leo Cirbo

   Acting 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: 308(b).

   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

   2

                       Federal Communications Commission