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                                  Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of	)
Town of Elk Mountain	)		     File No.:
EB-FIELDWR-15-00020160 Licensee of Station WQPB711	)
	)		  NOV No.:  V201632800001
Town of Elk Mountain, WY	)


	 Released:  January 13, 2016

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

* This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Town of Elk Mountain (Elk
Mountain), licensee of radio station WQPB711 in Elk Mountain, WY.
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.

* On October 21, 2015, in response to a complaint of interference from
the National Oceanic and Atmospheric Administration (NOAA), that was
impacting the Search and Rescue Satellite Aided Tracking (SARSAT) system,
an agent of the Enforcement Bureau's Denver Office monitored 406 MHz
in Elk Mountain, WY.  The agent located the source of the transmissions
and observed the following violations:

  + 47 C.F.R. § 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, except as specified in paragraph (b) of
  this section."  The agent observed that Elk Mountain used two devices to
  transmit on 406 MHz.	Elk Mountain's authorization, licensed under call
  sign WQPB711, does not allow for operation on 406 MHz.  The interference
  on 406 MHz ceased when Elk Mountain ceased transmissions on 406 MHz.

  + 47 C.F.R. § 90.425(a):  "Identification procedure. Except as provided
  for in paragraphs (d) and (e) of this section, each station or system
  shall be identified by the transmission of the assigned call sign during
  each transmission or exchange of transmissions, or once each 15 minutes
  (30 minutes in the Public Safety Pool) during periods of continuous
  operation. The call sign shall be transmitted by voice in the English
  language or by International Morse Code in accordance with paragraph
  (b) of this section. If the station is employing either analog or
  digital voice scrambling, or non-voice emission, transmission of the
  required identification shall be in the unscrambled mode using A3E, F3E
  or G3E emission, or International Morse, with all encoding disabled."
  At the time of the investigation, the agent observed that Elk Mountain
  did not transmit its call sign.

* 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,
Elk Mountain 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.

* In accordance with Section 1.16 of the Rules, we direct Elk Mountain
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Elk Mountain with personal knowledge of the representations provided
in Elk Mountain'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.

* 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
P.O. Box 25446
One Denver Federal Center  -  Building 1A
Lakewood, CO 80225-0446

* This Notice shall be sent to the Town of Elk Mountain at its address
of record.

* 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