Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Vincent Shiflet ) File No. EB-10-ST-0150 Licensee of Radio Station K272ED ) Kennewick, Washington ) ) ) ) NOV No. V201132980001 ) ) NOTICE OF VIOLATION Released: 2/8/11 By the 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,1 to Vincent Shiflet, licensee of radio station K272ED in Kennewick, Washington. 2. On December 22, 2010, an agent of the Enforcement Bureau’s Seattle Office monitored radio station K272ED located in Kennewick, Washington, and observed the following violation: a. 47 C.F.R. § 74.1203(e): It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. At the time of the investigation, K272ED, which is authorized for 102.300 MHz, was emitting spurious emissions on 118.625 MHz, an FAA frequency at the Tri-Cities Airport, Pasco, Washington. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Vincent Shiflet, must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by Vincent Shiflet. 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: 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 308(b). Federal Communications Commission 2 Federal Communications Commission Seattle Office 11410 NE 122nd Way, Suite #312 Kirkland, Washington 98034-6927 4. This Notice shall be sent to Vincent Shiflet at his address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Kristine McGowan District Director Seattle District Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.