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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Impact Radio, Inc.  )  File No. EB-FIELDWR-13-00006522

   Antenna Structure Owner )

   ASR No. 1016956 ) NOV No. V201332940006


   Riverside, California  )

                              NOTICE OF VIOLATION

                           Released: March  28,  2013

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to  Impact Radio, Inc., owner of
       antenna structure number  1016956, in Riverside, 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, an agent of the Enforcement Bureau's San Diego
       Office inspected  antenna structure number 1016956,  located in
       Riverside, California, and observed the following violations:

   a. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
   part shall be cleaned or repainted as often as necessary to maintain good
   visibility." The antenna structures are required to be painted and at the
   time of the inspection, the agent observed that the paint was faded and
   chipped for antenna structure number 1016956.

   b. 47 C.F.R. S 17.57: "The owner must also immediately notify the
   Commission using

   FCC Form 854 upon any change in structure height or change in ownership

   tion." The San Diego Office received information that Impact Radio, Inc.,
   acquired the antenna structure in 2005, but has not updated the ownership
   information for the structure.

    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, Impact Radio, Inc.,  must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain the violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct the violations
       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 that  Impact
       Radio, Inc.,  support the response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by licensee
       representative  with personal knowledge of the representations
       provided in the 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 registrant'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 Diego Office

   4542 Ruffner St., #370

   San Diego, CA 92111

    6. This Notice shall be sent to Impact Radio, Inc.,  at the 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 T. Lyon

   District Director

   San Diego Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S403.

   ^ 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