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City of Buckley, Buckley, WA

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Released: May 2, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
City of Buckley
) File No. EB-FIELDWR-13-00008058
Licensee of Station KVA319
)
Buckley, WA 98321
)
) NOV No. V201332980010

NOTICE OF VIOLATION

Released: May 2, 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),1 to the City of Buckley, licensee of radio station KVA319 in Buckley, WA.
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.2
2.
On April 5, 2013, agents of the Enforcement Bureau’s Seattle Office inspected radio
station KVA319 located at 10515 234th Ave East, Buckley, WA and observed the following violation:
47 C.F.R. § 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
provisions of this part…” Agents inspected this station, and measured its power
output at 143 watts, exceeding its authorized maximum power of 110 watts.
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, the City of Buckley, 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Rules, we direct the City of Buckley to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of the City of Buckley with personal knowledge of the representations provided in the
City of Buckley response, verifying the truth and accuracy of the information therein,5 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.6
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 122nd Way, Suite 312
Kirkland, WA 98034
6.
This Notice shall be sent to the City of Buckley at its address of record.
7.
The Privacy Act of 19747 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


5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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