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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   JCE Licenses, LLC ) File No.: EB-FIELDSCR-13-00006553

   Licensee of Radio Station KBXD (AM) ) NOV No.: V201332500034

   ) Facility ID No.: 57375

   Dallas, Texas )


                              NOTICE OF VIOLATION

   Released: February 20, 2013

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to JCE Licenses, LLC, licensee of
       Station KBXD(AM) in Dallas, Texas. 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 January 17, 2013, agents of the Commission's Dallas Office
       inspected Station KBXD located in Dallas, Texas, and observed the
       following violation(s):

     a. 47 C.F.R S 73.3527: "Every permittee or licensee of an AM, FM, or TV
        station in the noncommercial educational broadcast services shall
        maintain a public inspection file . . . . The file shall be available
        for public inspection at any time during regular business hours." At
        the time of inspection, the chief operator for Station KBXD (AM)
        could not make available a complete public inspection file.

     b. 47 C.F.R. S 11.35(a): " EAS Participants are responsible for ensuring
        that EAS Encoder, EAS Decoders and Attention Signal generating and
        receiving equipment used as part of the EAS are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation." At the time of
        inspection, there was no EAS equipment installed and no EAS log.

     c. 47 C.F.R. S 73.1870 (c)(3): "Review of the station records at least
        once each week to determine if required entries are being made
        correctly. Additionally, verification must be made that the station
        has been operated as required by the rules or the station
        authorization. Upon completion of the review, the chief operator or
        his designee must date and sign the log, initiate any corrective
        action which may be necessary, and advise the station licensee of any
        condition which is repetitive." At the time of inspection, the chief
        operator had not reviewed nor signed the station log and had not
        initiated corrective action.

     d. 47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times,
        or with modes or power, other than those specified and made a part of
        the license, unless otherwise provided in this part." At the time of
        inspection, agents asked the engineer to switch to night time mode.
        The engineer stated that they used the day-time pattern at night.
        When set in night-time mode, an agent determined that the station was
        operating with 5.5 times the nighttime operating power.

     e. 47 C.F.R S 73.1400: " The licensee of an AM, FM, TV or Class A TV
        station is responsible for assuring that at all times the station
        operates within tolerances specified by applicable technical rules
        contained in this part and in accordance with the term of the station
        authorization. " Station KBXD is authorized to operate with 5 kw
        during the day. It has a pending application on file to operate with
        50 kw and a new directional pattern during the day. At the time of
        inspection, both the chief operator and the engineer admitted that
        Station KBXD had been operating during the day with 50 kw and the
        pending directional pattern since Thanksgiving of 2012.

    3. Pursuant to Section 308(b) 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 JCE Licenses, LLC 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. In accordance with Section 1.16 of the Rules, we direct JCE Licenses,
       LLC to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of JCE Licenses, LLC with personal knowledge of the
       representations provided in JCE Licenses, LLC'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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    6. This Notice shall be sent to JCE Licenses, LLC at its address of

    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.


   James D. Wells

   District Director

   Dallas District 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 308(b).

   ^ 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


                       Federal Communications Commission