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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Centro Colegial Cristiano, )
Inc. File No.: EB-FIELDSCR-12-00001943
)
Licensee of FM Station WVID NOV No.: V201332680002
)
Anasco, Puerto Rico
)
)
NOTICE OF VIOLATION
Released: January 14, 2013
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 (Rules) to Centro Colegial Cristiano, Inc.,
licensee of FM Station WVID in Anasco, Puerto Rico. Pursuant to
Section 1.89(a) of the Rules, issuance of this NOV 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. On April 30, 2012, agents of the Commission's San Juan Office
inspected the main studio of Station WVID in Anasco, Puerto Rico and
observed the following violation(s):
a. 47 C.F.R. S: 73.1820(a)(1)(iii): "The following information must be
entered [in the station log]: . . . An entry of each test and
activation of the Emergency Alert System (EAS) pursuant to the
requirement of part 11 of this chapter and the EAS Operating
Handbook. Stations may keep EAS data in a special EAS log which shall
be maintained at a convenient location; however, this log is
considered a part of the station log." At the time of inspection,
Station WVID maintained printouts of EAS received and transmitted
tests in various bags, but these receipts were not in any order and
were not in the form of a log.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore
Centro Colegial Cristiano, Inc. must submit a written statement
concerning this matter within ten (10) calendar 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. In accordance with Section 1.16 of the Rules, we direct Centro
Colegial Cristiano, Inc. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Centro Colegial Cristiano, Inc. with
personal knowledge of the representations provided in Centro Colegial
Cristiano, Inc.'s response, verifying the truth and accuracy of the
information therein, 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.
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
San Juan Office, Ste. 762
150 Carlos Chardon St.
San Juan, PR 00918-1731
6. This Notice shall be sent via certified, return receipt requested, and
first class mail to Centro Colegial Cristiano, Inc. at PO Box 3420,
Mayaguez, PR 00681-3420.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Reuben Jusino
Resident Agent
San Juan Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
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. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission