Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) State of Montana ) Aeronautics Division ) File No. EB-09-PO-0032 Licensee of Multicom Station WOI8 )) NOV No. V201032920001 Red Lodge Airport, Montana ) NOTICE OF VIOLATION Released: October 29, 2009 By the Resident Agent, Portland Resident Agent 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 the State of Montana - Aeronautics Division, licensee of aeronautical multicom station WOI8. 2. On July 17, 2009, in response to a complaint of interference from an aircraft pilot, an agent from the Enforcement Bureau’s Portland Resident Agent Office initiated an investigation into the allegations and observed the following violation: 47 C.F.R. § 87.237(a): “The communications of an aeronautical multicom (multicom) must pertain to activities of a temporary, seasonal or emergency nature involving aircraft in flight. Communications are limited to directing or coordinating ground activities from the air or aerial activities from the ground. Air-to-air communications will be authorized if the communications are directly connected with the air-to-ground or ground-to-air activities described above. Multicom communications must not include those air/ground communications provided for elsewhere in this part.” Investigation by the Portland agent determined an automated weather station had been added to the operation of the multicom which resulted in automatic operation of the multicom and interference to aircraft. There is no provision in Part 87 of the Commission’s Rules which allows automatic operation of a multicom station.2 1 47 C.F.R. § 1.89. 2 See, e.g., Section 87.219 of the Commission’s Rules, 47 C.F.R. § 87.219, which allows automatic operation of aeronautical unicom stations. Federal Communications Commission 2 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, the State of Montana - Aeronautics Division must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct the violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of the State of Montana – Aeronautics Division. 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 Portland Resident Agent Office P.O Box 61469 Vancouver, WA 98666-1469 4. This Notice shall be sent to the State of Montana - Aeronautics Division at its address of record. 5. The Privacy Act of 19744 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.5 FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 3 47 U.S.C. § 308(b). 4 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 5 18 U.S.C. § 1001 et seq.