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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Kern, County of     )    File No. EB-FIELDWR-13-00012766

   Licensee of Station KF9044 )      NOV No. V201432900010


   Bakersfield, California )

                              NOTICE OF VIOLATION

                                                 Released:  December 16, 2013

   By the District Director, Los Angeles  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  Kern, County of  (Kern)
       licensee of station KF9044 in Bakersfield, 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 April 10, 2013, in response to a complaint of interference,  an
       agent from the Enforcement Bureau's Los Angeles Office observed that
       Kern was operating station KF9044 on frequency 122.9 MHz  to control
       runway lighting at the Minter Field - Shafter Airport.^ The
       pilot-controlled lighting, activated by keying the transmitter on
       122.9 MHz, was also inadvertently activating a nearby airport's
       Automated Weather Observation Station (AWOS) operating on the same
       frequency. When the neighboring airport's AWOS was activated, it
       interfered with communications of the pilots attempting to land at
       Minter Field.   Station KF9044 is only authorized for a station class
       of "Aeronautical Search and Rescue" (SAR1).  The agent 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..." At the time of the
        inspection, Kern was not operating station KF9044 as a search and
        rescue station, as designated by the station license.

     b. 47 C.F.R. S 87.371: "Aeronautical search and rescue land and mobile
        stations must be used only for communications with aircraft and other
        aeronautical search and rescue stations engaged in search and rescue
        activities. Aeronautical land search and rescue stations can be moved
        for temporary periods from a specified location to an area where
        actual or practice search and rescue operations are being conducted."
        At the time of the inspection, the agent observed that station
        KF9044, which has a designated station class of "Aeronautical Search
        and Rescue" (SAR1), was being operated to control runway lights.

    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 actions taken.
       Therefore, Kern 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 Kern to
       support their response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Kern, 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

   Los Angeles Office

   18000 Studebaker Rd., # 660

   Cerritos, CA 90703

    6. This Notice shall be sent to Kern at the 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.


   Charles A. Cooper

   District Director

   Los Angeles  Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ See 47 C.F.R. S 87.187(y) (brief keyed RF signals (keying the
   transmitter by momentarily depressing the microphone "push-to-talk"
   button) may be transmitted from aircraft for the control of automated
   unicoms on the Unicom frequencies listed in Section 87.187 (y)(3), or for
   the control of airport lights on other specified frequencies).

   ^ 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