Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Day Management Corp. dba )

   )

   Day Wireless Systems )

   )  File No. EB-FIELDWR-13-00011324

   Licensee of Station WNXY421 )

   )

   Issaquah, Washington ) NOV No. V201432980001

   )

                              NOTICE OF VIOLATION

   Released: October  31, 2013

   By the Acting District Director, Seattle 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 Day Management Corp. dba Day
       Wireless Systems, licensee of radio station WNXY421 in Milwaukie,
       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 violations noted herein.^

    2. On August 8, 2013, an agent of the Enforcement Bureau's Seattle Office
       monitored radio station WNXY421, transmitting on frequency 464.150
       MHz, located at Tiger Mountain, Issaquah, Washington, and observed the
       following violation:

     a. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
        to avoid causing harmful interference. This includes monitoring the
        transmitting frequency for communications in progress and such other
        measures as may be necessary to minimize the potential for causing
        interference." At the time of the on-scene investigation on August 8,
        2013, the station WNXY421 transmitter was repeatedly transmitting a
        digitally modulated signal on 464.150 MHz, a frequency shared with
        another licensee, WPSP372 in the Puget Sound area. These digital
        transmissions continued without breaks for several hours, preventing
        the effective sharing of the frequency with the other licensed user,
        WPSP372.

    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, Day Management Corp. dba Day Wireless Systems 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 Day Management
       Corp. dba Day Wireless Systems 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 Management Corp. dba Day
       Wireless Systems with personal knowledge of the representations
       provided in Day Management Corp. dba Day Wireless Systems'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

   Seattle District Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, Washington 98034

    6. This Notice shall be sent to Day Management Corp. dba Day Wireless
       Systems 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

   Leo Cirbo

   Acting District Director

   Seattle 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

   3

                       Federal Communications Commission