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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