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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Pacifica Foundation, Inc. ) File No.: EB-FIELDSCR-13-00007775

   Licensee of Station K212FV )

   ) NOV No.: V201332540008

   )

   Goodrich, Texas ) Facility ID: 122880

   )

                              NOTICE OF VIOLATION

   Released: April 18, 2013

   By the Resident Agent, Houston 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 Pacifica Foundation, Inc.,
       licensee of radio station K212FV in Goodrich, Texas. 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 violation(s) noted herein.^

    2. On April 5, 2013, an agent of the Enforcement Bureau's Houston Office
       inspected the structure supporting the transmitting antenna for
       station K212FV located in Goodrich, Texas and observed the following
       violations:

     a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
        be used and operated only in accordance with the rules applicable to
        their particular service as set forth in this title and with a valid
        authorization granted by the Commission under the provisions of this
        part, except as specified in paragraph (b) of this section." At the
        time of inspection, station K212FV was observed operating at a
        location greater than one mile from the licensed coordinates listed
        in the station authorization.

     b. 47 C.F.R. S 74.1265(b): "The call sign of the translator or booster
        together with the name, address, and telephone number of the licensee
        or local representative of the licensee if the licensee does not
        reside in the community served by the translator or booster, and the
        name and address of a person and place where station records are
        maintained, shall be displayed at the translator or booster site on
        the structure supporting the transmitting antenna, so as to be
        visible to a person standing on the ground at the transmitter site.
        The display shall be prepared to withstand normal weathering for a
        reasonable period of time and shall be maintained in legible
        condition by the licensee." At the time of inspection, no information
        was observed concerning station K212FV at the base of the supporting
        structure.

    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 violation and any remedial action taken.
       Therefore, Pacifica Foundation, Inc. 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 Pacifica
       Foundation, 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 Pacifica Foundation, Inc. with personal
       knowledge of the representations provided in Pacifica Foundation'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

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    6. This Notice shall be sent to Pacifica Foundation, Inc. at its 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent

   Houston 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

   3

                       Federal Communications Commission