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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Elizabeth Gonzalez ) File No.: EB-FIELDSCR-13-00009056

   )

   Licensee of Station K229BJ ) NOV No.: V201332540012

   )

   Hollywood Park, Texas ) Facility ID: 139150

   )

                              NOTICE OF VIOLATION

   Released: June 12, 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 Elizabeth Gonzalez, licensee of
       radio station K229BJ in Hollywood Park, 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 May 7, 2013 an agent of the Enforcement Bureau's Houston Office
       visited the tower site for radio station K229BJ located in San
       Antonio, Texas, and observed the following violations:

     a. 47 C.F.R. S 74.1231(b): "An FM translator may be used for the purpose
        of retransmitting the signals of a primary AM or FM radio broadcast
        station or another translator station the signal of which is received
        directly through space, converted, and suitably amplified, and
        originating programming to the extent authorized in paragraphs (f),
        (g), and (h) of this section...." At the time of inspection, the
        agent observed that Station K229BJ was not receiving a direct
        off-the-air signal but instead was using an internet facility to
        receive the programming it was broadcasting.

     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 K229BJ 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 violations and any remedial actions taken.
       Therefore, Elizabeth Gonzalez 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 Elizabeth
       Gonzalez to support her response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Elizabeth Gonzalez with personal knowledge of
       the representations provided in Elizabeth Gonzalez'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 Elizabeth Gonzalez at her 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 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

   3

                       Federal Communications Commission