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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   A W Water Service )  File No. EB-FIELDWR-12-00004987

   Licensee of Station WPQH530 )

   Squaw Mountain, CO ) NOV No. V201332800029


                              NOTICE OF VIOLATION

   Released: December 20, 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 (Rules), to A W Water Service (AWWS),
       licensee of radio station WPQH530  on Squaw Mountain (Clear Creek
       County), CO.  Pursuant to Section 1.89(a) of the Rules, issuance of
       this Notice 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. The Enforcement Bureau's Denver Office received a complaint from the
       University of Colorado at Boulder, call sign WPMN225, of interference
       to their licensed operation on the shared channel of 451.7000 MHz,
       allegedly caused by continual transmissions on the channel. On October
       16, 2012,  a  Denver Office agent  monitored and inspected AWWS'
       repeater, operating on 451.7000 MHz from Squaw Mountain, CO, and
       observed the following violations:

     a. 47 C.F.R. S: 1.903(a): "General rule. 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..." AWWS is authorized seventy five (75)
        mobiles but was actively operating two hundred and fifty (250)

     b. 47 C.F.R. S: 90.403(c): "...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."   The agent observed that AWWS'
        repeater, a Motorola MOTOTRBO MTR3000, continually transmitted
        signals  that occupied the shared channel  of 451.7000 MHz most of
        the time. The two hundred and fifty radios associated with this
        repeater were programmed with Automatic Registration Service (ARS)
        enabled. The agent determined that with ARS enabled, these radios
        continually transmit requests to register until they receive a
        registration confirmation. However, AWWS' radio system was unable to
        generate registration confirmations. Because AWWS enabled ARS on the
        radios, without having the ability to generate confirmations for the
        radios' registration requests, the radios continued to transmit
        registration requests and these continual transmissions were
        amplified and retransmitted on the repeater's output.  This  was not
        an efficient operating procedure and did not maximize the utilization
        of the spectrum.  After the Denver agent informed AWWS of the
        interference, ARS was disabled on all two hundred and fifty  radios
        and the continual transmissions, and resulting interference, ceased.

     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." As explained above, AWWS' continual transmissions  on
        the shared channel 451.7000 MHz  caused interference to co-channel
        licensee, Station WPMN225.

    3. Pursuant to Section  308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken.  Therefore,
       AWWS 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 Rules, we direct AWWS to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       AWWS with personal knowledge of the representations provided in AWWS'
       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 regulatee'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 A W Water Service  at its address of

    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.


   Nikki P. Shears

   District Director

   Denver 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 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



                       Federal Communications Commission