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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Fajardo Broadcasting Co., Inc. ) File No. EB-09-SJ-0025
Licensee of Radio Station WYQE FM )
Facility ID # 19056 ) NOV No. V201032680001
Naguabo, PR )
)
)
NOTICE OF VIOLATION
Released: November 2, 2009
By the Resident Agent, San Juan Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Fajardo Broadcasting Co., Inc. WYQE,
Naguabo, PR.
2. On October 1, 2009, an agent of the Commission's San Juan Office of
the Enforcement Bureau inspected radio station WYQE located in
Naguabo, Puerto Rico, and observed the following violation(s):
a. 47 C.F.R. S: 73.1560(b): "Except as provided in paragraph (d) of this
section, the transmitter output power of an FM station, with power
output as determined by the procedures specified in Sec. 73.267, which
is authorized for output power more than 10 watts must be maintained as
near as practicable to the authorized transmitter output power and may
not be less than 90% nor more than 105% of the authorized power..." At the
time of inspection, the transmitter power output was 2.158 kilo watts or
83% of the licensed power.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Fajardo
Broadcasting Co., Inc., must submit a written statement concerning
this matter within twenty (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 a principal or officer of the licensee. 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
San Juan Office
762 Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to Fajardo Broadcasting Co. at its address
of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
William Berry
Resident Agent
San Juan District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission