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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Washington - DSHS )

   McNeil Island Corrections Center )

   ) File No. EB-FIELDWR-13-00007480

   Vessel "Kimberly" )


   Licensee of Radio Station WDC2194 )


   Documentation Number 506604 )


   Steilacoom, Washington ) NOV No. V201332980007

                              NOTICE OF VIOLATION

   Released: March  29, 2013

   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 (Rules),^ to the State of Washington,
       Department of Social and Health Services, registered owner of vessel
       "Kimberly," Documentation Number 506604, Port of Steilacoom,
       Washington. 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.^

    2. On March 8, 2013, the Enforcement Bureau's Seattle Office received an
       interference complaint from the United States Coast Guard (USCG) South
       Puget Sound Sector regarding continuous interference of a radio
       signal, with no audio, emanating on VHF Marine Channel 14, on 156.700
       MHz. This signal was causing harmful interference and disrupting
       normal communications on this frequency used by the USCG Puget Sound
       Vessel Traffic System (PSVTS). Using radio direction finding
       techniques, Seattle Office agents traced the interfering signal to a
       faulty Marine VHF radio installed and operated on vessel "Kimberly".
       The referenced radio was subsequently deactivated on March 8, 2013 by
       the Captain of the vessel, upon notification from the Seattle agents,
       to resolve the interference. This continuous transmission was in
       violation of the following:

     a. 47 C.F.R. S 80.89(a): "Stations must not engage in superfluous radio
        communication." The VHF marine radio transmitter installed on vessel
        "Kimberly" was transmitting a continuous carrier with no audio on
        Marine Channel 14, emanating a continuous carrier on frequency
        156.700 MHz.

     b. 47 C.F.R. S 80.89(d): "Stations must not use telephony, transmit
        signals or communications not addressed to particular a station or
        stations..." The Kimberly's VHF radio was continuously transmitting a
        signal, with no audio.

    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, the State of Washington, Department of Social and Health
       Services, 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 the State of
       Washington, Department of Social and Health Services, to support its
       response to this Notice with an affidavit or declaration under penalty
       of perjury, signed and dated by an appropriate official of the State
       of Washington, Department of Social and Health Services, with personal
       knowledge of the representations provided in the 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

   Seattle District Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, WA 98034

    6. This Notice shall be sent to the State of Washington, Department of
       Social and Health Services, 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.


   Binh Nguyen

   Acting District Director

   Seattle District 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


                       Federal Communications Commission