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Vulcan Northwest, Lopez Island, 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
)
)
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,1 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
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. § 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.


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

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b.
47 C.F.R. § 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. § 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.” Vulcan Northwest is operating an
unauthorized repeater station on 451.6375 MHz, causing interference to a Canadian
repeater, call sign VEO585, operating on the same output frequency, 451.6375 MHz.
Vulcan Northwest is also operating mobile radio stations (MO), 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.
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, 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
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,5
and confirming that all of the information requested by this Notice which is in the licensee’s possession,


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.
2

Federal Communications Commission

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 Vulcan Northwest at its address of record.
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


6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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