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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   INCA Communications, Inc. ) File No.: EB-FIELDWR-13-00011570 Licensee of
   Station KXOL )

   Facility ID 87107 )

   ) NOV No.: V201432800001

   Brigham City, UT )

                              NOTICE OF VIOLATION

   Released: November  7, 2013

   By the District Director, Denver District 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 INCA Communications, Inc.
       (INCA), licensee of radio station KXOL in Brigham City, UT. 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 noted herein.^

   On August 27, 2013, an agent of the Enforcement Bureau's Denver District
   Office attempted an inspection of radio station KXOL located at 4455 South
   5500 West, in Hooper, Utah, and observed the following violations:

     a. 47 C.F.R. S 73.1125(d)(1): "Relocation of the main studio may be
        made: (1) From one point to another within the locations described in
        paragraph (a) or (c) of this section, or from a point outside the
        locations specified (a) or (c) to within those locations, without
        specific FCC authorization, but notification to the FCC in Washington
        shall be made promptly" At the time of the attempted inspection the
        studio was no longer at 4455 South 5500 West, in Hooper, Utah, a
        current studio address was not on file with the FCC.

     b. 47 C.F.R. S 73.1125(e): "Each AM, FM, TV and Class A TV broadcast
        station shall maintain a local telephone in its community of license
        or a toll-free number." At the time of the attempted inspection on
        August 27, 2013 the phone number on record with the FCC was
        disconnected. No other phone number for the station was found in
        publicly available sources.

    2. 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, INCA 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.^

    3. In accordance with Section 1.16 of the Rules, we direct INCA to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       INCA with personal knowledge of the representations provided in INCA'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.^

    4. 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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    5. This Notice shall be sent to INCA Communications, Inc., at its address
       of record.

    6. 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.


   Nikki P. Shears

   District Director

   Denver District 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