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Turner Construction, Seattle, WA

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Released: September 13, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Turner Construction
)
File No. EB-FIELDWR-12-00003998
Licensee of Station WQGM451
)
Seattle, WA
)
NOV No. V201232980004
)

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,1 to Turner Construction, licensee of radio station WQGM451 in Seattle,
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 violation(s) noted herein.2
2.
On August 29, 2012, an agent of the Enforcement Bureau’s Seattle District Office
inspected radio station WQGM451, located at 1915 2nd Ave, Seattle, Washington, and observed the
following violation:
a.
47 C.F.R. § 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.” Turner
Construction is operating mobile (MO) radios, call sign WQGM451, and
failing to monitor before transmitting on 468.2125 MHz, thus causing
interference to the repeater input frequency (FB8) of licensee Whisler
Communications, call sign WPWK633.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Commission's Rules, we seek additional information concerning the violations and
any remedial actions taken. Therefore, Turner Construction, 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
4.
In accordance with Section 1.16 of the Commission’s Rules, we direct Turner
Construction to support its response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by an authorized officer of Turner Construction with personal knowledge of the
representations provided in Turner Construction’s response, verifying the truth and accuracy of the
information therein,5 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.6
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 Turner Construction at its address of record.


3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 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


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

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