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

In the Matter of	)
	)
Day Management Corporation 	)
	)                    File No.: EB-FIELDWR-14-00015837
Licensee of Station WPXA848	)
	)                    NOV No.: V201432920048
Salem, Oregon	)	   

NOTICE OF VIOLATION

	Released:  June 5, 2014

By the Resident Agent, Portland Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Day Management Corporation, DBA: Day Wireless Systems (Day Wireless), licensee of station WPXA848 in Salem, Oregon.  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(s) noted herein.
* On May 28, 2014,  in response to a co-channel interference complaint, agents of the Enforcement Bureau's Portland Office monitored frequency 461.05 MHz in Salem, Oregon, and observed the following violation:

  + 47 C.F.R. ยง 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 provision of this part."  During the investigation conducted on May 28, 2014, the agents observed that station WPXA848 was transmitting un-modulated carrier on the output repeater frequency 461.05 MHz between local time 10:22 a.m. to 10:30 a.m. and between 10:42 a.m. to 10:58 a.m., respectively.

* 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, Day Wireless 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 Day Wireless to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Day Wireless with personal knowledge of the representations provided in Day Wireless'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
Portland Office
P.O. Box 61469
Vancouver, WA 98666-1469

* This Notice shall be sent to Day Management Corporation, DBA: Day Wireless Systems, 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.  

FEDERAL COMMUNICATIONS COMMISSION 


Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau