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State of WA - DSHS, McNeil Island Corrections Ctr, Steilacoom, WA

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Released: March 29, 2013

Federal Communications Commission

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),1 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
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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

continuous transmission was in violation of the following:
a.
47 C.F.R. § 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. § 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,3 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
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,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


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

Federal Communications Commission

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 State of Washington, Department of Social and Health
Services, 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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