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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Joseph Loiacono ) File No. EB-FIELDWR-13-00006714


   Lakewood, CA  ) NOV No. V201332900011


                              NOTICE OF VIOLATION

   Released: March 12, 2013

   By the Acting District Director, Los Angeles 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),^ to Joseph Loiacono (Mr.Loiacono),
       operator of a CB radio station located in Lakewood, California.
       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 violations noted herein.^

    2. On January 29, 2013, in response to a complaint, agents from the
       Enforcement Bureau's Los Angeles Office monitored CB radio
       transmissions on 27.165 MHz in Lakewood, California. Using direction
       finding techniques, the agents located the source of the transmissions
       and determined that the signal was emanating from an antenna at a
       residence owned by Mr. Loiacono in Lakewood, California, and observed
       the following violations:

     a. 47 C.F.R. S 95.413(a): "You must not use a CB station . . . (3) [t]o
        interfere intentionally with the communications of another CB
        station; (4) [t]o transmit one-way communications, except for
        emergency communications , traveler assistance, brief tests (radio
        checks), or voice paging; . . . ." At the time of the investigation,
        the agents observed Mr. Loiacono engaging in extended one-way
        transmissions which resulted in intentional interference to other CB

     b. 47 C.F.R. S 95.416: "(a) You must limit your CB communications to the
        minimum practical time. (b) If you are communicating with another CB
        station or stations, you, and the stations communicating with you,
        must limit each of your conversations to no more than five continuous
        minutes. (c) At the end of your conversation, you, and the stations
        communicating with you, must not transmit again for at least one
        minute." At the time of the investigation, the agents observed Mr.
        Loiacono engaging in extended one-way transmissions, including
        transmissions lasting up to twenty minutes in length.

    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, Mr. Loiacono, 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 Mr Loiacono to
       support his response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by Mr. Loiacono verifying
       the truth and accuracy of the information therein,^ and confirming
       that all of the information requested by this Notice which is in Mr
       Loiacono'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

   18000 Studebaker Rd., Rm. 660

   Cerritos, California 90703

    6. This Notice shall be sent to Joseph Loiacono at his address of record.

    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.


   Margaret M. Egler

   Acting District Director

   Los Angeles Office

   Western 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