Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Bestov Broadcasting, Inc. ) File No.: EB-FIELDSCR-13-00010134

   )

   Licensee of Radio Station WI2XAC ) NOV No.: V201332680005

   )

   Ponce, Puerto Rico ) Facility ID: 132564

   )

                              NOTICE OF VIOLATION

   Released: August 14, 2013

   By the Resident Agent, San Juan 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 Bestov Broadcasting, Inc.,
       licensee of experimental AM radio station WI2XAC in Ponce, Puerto
       Rico. 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 July 25, 2013, an agent of the Enforcement Bureau's San Juan Office
       inspected Station WI2XAC's transmitter site, and observed the
       following violations:

     a. 47 C.F.R. S 73.49: "Antenna towers having radio frequency potential
        at the base must be enclosed within effective fences or other
        enclosures." The agent observed that the gate of the wooden fence
        around the tower had collapsed, providing access to the tower base.
        Moreover, the perimeter property fence and gate had multiple missing
        planks, thereby rending it ineffective.

    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, Bestov Broadcasting, 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
       describe Bestov Broadcasting, Inc.'s maintenance and inspection
       procedures for its AM transmission system fencing. 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 Bestov
       Broadcasting, 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 Bestov Broadcasting, Inc. with personal
       knowledge of the representations provided in Bestov Broadcasting,
       Inc.'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 Bestov Broadcasting, Inc.'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 Juan Office

   US Federal Building Room 762

   San Juan, PR 00918-1731

    6. This Notice shall be sent to Bestov Broadcasting, 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

   William Berry

   Resident Agent

   San Juan 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 403.

   ^ 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