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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   BIT/State Radio Communications Engineering )  File No.
   EB-FIELDWR-13-00007959

   Licensee of Station WPWE861 )   NOV No. V201332800048

   Custer, SD )

   )

                              NOTICE OF VIOLATION

   Released: May 2, 2013

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to BIT/State Radio Communications
       Engineering (State Radio), licensee of radio station WPWE861  by
       Custer, SD.  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 violations noted herein.^

    2. The Enforcement Bureau's Denver Office received a complaint from BNSF
       Railway Co. (BNSF), call sign WPRF464, of interference to their
       licensed operation on 160.575 MHz, in the area of Alliance, NE. On
       April 4, 2013, an agent of the Enforcement Bureau's Denver Office used
       direction finding techniques to find the source of the interference
       and observed the following violations:

     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..."   State Radio was observed operating atop Bear Mountain, by
        Custer, SD, on 160.575 MHz, a frequency for which it was not
        authorized. Two employees with the State of South Dakota confirmed to
        the agent that State Radio operated  on 160.575 from atop Bear
        Mountain by Custer, SD. On April 5, 2013, after being informed of the
        interference, State Radio ceased operation on 160.575 MHz.

     b. 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."   By programming an unauthorized frequency into its
        radio system, State Radio caused interference to BNSF's authorized
        operation on 160.575 MHz.

    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, State Radio 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 State Radio to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       State Radio with personal knowledge of the representations provided in
       State Radio'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 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 Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to BIT/State Radio Communications
       Engineering 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 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

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                       Federal Communications Commission