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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Sequoyah County Water Association ) FileNo.EB-FIELDSCR-12-00005742
Licensee of Station WNRO670 ) NOV No. V201332500025
Sallisaw, Oklahoma )
)
NOTICE OF VIOLATION
Released: December 27, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Sequoyah County Water
Association, licensee with call sign WNRO670 in Sallisaw, Oklahoma.
Pursuant to Section 1.89(a) of the 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. On November 13, 2012, agents from the Enforcement Bureau's Dallas
Office observed the following violation(s):
a. 47 C.F.R. S: 90.210: (e) (3): "For transmitters designed to operate
with a 6.25 kHz or less bandwidth, any emission must be attenuated
below the power (P) of the highest emission contained within the
authorized bandwidth as follows: . . . On any frequency removed from
the center of the authorized bandwidth by more than 4.6 KHz: At least
55 + 10 log (P) or 65 dB, whichever is the lesser attenuation."
Agents monitored and found spurious emissions sweeping across marine
channel 16, 156.8 MHz. The spurious emission exceeded the level
allowed by the emission mask.
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,
Sequoyah County Water Association 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 Sequoyah
County Water Association to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Sequoyah County Water Association with
personal knowledge of the representations provided in Sequoyah County
Water Association'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.
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
Dallas Office
9330 LBJ Freeway Suite 1170
Dallas, Texas 75243
6. This Notice shall be sent to Sequoyah County Water Association 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.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central 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
2
Federal Communications Commission