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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MBR Licensee, LLC ) File No. EB-10-LA-0114
Licensee of Radio Station KIQQ )
Facility ID#: 60423 )
Barstow, California )
)
) NOV No. V201032900015
NOTICE OF VIOLATION
Released: June 17, 2010
By the District Director, Los Angeles 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, to MBR Licensee, LLC, licensee of
radio station KIQQ in Barstow, California.
2. On May 11, 2010, an agent of the Enforcement Bureau's Los Angeles
office inspected KIQQ's transmitter site located at 710 W. Old
Highway 58, Barstow, California, and observed the following violation:
a. 47 C.F.R. S: 73.49: "Antenna towers having radio frequency potential
at the base (series fed, folded unipole, and insulated base antennas)
must be enclosed with effective locked fences or other enclosures.
Ready access must be provided to each antenna tower base for meter
reading and maintenance purposes at all times. However, individual
tower fences need not be installed if the towers are contained within
a protective property fence." The agent observed that both towers
were enclosed by individual fences but on the north tower the gate
latch did not effectively engage the opposite fence pole on the
fence, thus not preventing access to the tower base.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, MBR Licensee, LLC
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 a principal or officer of MBR
Licensee, LLC. 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
Los Angeles Office
18000 Studebaker Rd.
Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to MBR Licensee, LLC 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
Nader Haghighat
District Director
Los Angeles District Office
Western 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