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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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission