Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Cascade General Inc. ) ) File No.: EB-FIELDWR-13-00010401 ) Portland, Oregon ) NOV No.: V201332920019 NOTICE OF VIOLATION Released: August 15, 2013 By the Resident Agent, Portland Resident Agent 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 Cascade General Inc. (Cascade General), former licensee of Industrial/Business Radio Pool station KW8507, in Portland , 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 violation(s) noted herein.2 2. On August 6, 2013, following receipt of a complaint alleging that Cascade General may have operated station KW8507 after the expiration of its license, an agent of the Enforcement Bureau’s Portland Office inspected radio station KW8507 located at 5555 N. Channel Avenue, Portland, Oregon and observed the following violations: a. 47 C.F.R. § 1.903(a): “Authorization Required- 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 provision of this part.” The inspection conducted on August 6, 2013, revealed that station KW8507 expired on September 17, 2012, and was cancelled on November 17, 2012, but Cascade General continued to operate its radio station without Commission authority. b. 47 C.F.R. §1.949(a): “ Applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought, and sooner than 90 days prior to expiration…” On August 6, 2013, the inspecting agent noted that Cascade 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 General failed to timely file a renewal application for station KW8507 after its expiration date on September 17, 2012. 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, Cascade General, 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 Cascade General to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Cascade General with personal knowledge of the representations provided in Cascade General’s 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 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.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 Portland Resident Agent Office PO Box 61469 Vancouver, WA 98666-1469 6. This Notice shall be sent to Cascade General Inc. at the address of record. 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. Federal Communications Commission 3 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 Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).