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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Nitelog, Inc. ) File No.: EB-FIELDWR-14-00012990

   dba RedShift Internet Communications )

   Licensee of Station WQQZ625 ) NOV No.: V201432960009

   )

   Monterey, California )

                              NOTICE OF VIOLATION

                                                   Released: February 6, 2014

   By the District Director, San Francisco 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 Nitelog, Inc., dba RedShift
       Internet Communications (RedShift), licensee of radio station WQQZ625
       in Monterey, 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 violation(s) noted herein.^

    2. On December 18, 2013, an agent of the Enforcement Bureau's San
       Francisco Office inspected RedShift's microwave antenna structure for
       radio station WQQZ625 located in Monterey, California, and observed
       the following violation(s):

     a. 47 C.F.R. S 101.215(a) : "Each licensee shall post at the station the
        name, address and telephone number of the custodian of the station
        license or other authorization if such license or authorization is
        not maintained at the station." At the time of inspection, RedShift
        could not provide a copy of the FCC radio station license or other
        form of authorization for operation of their microwave station
        WQQZ625, or show posted evidence of the required contact information
        at the station.

    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, RedShift 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 RedShift to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       RedShift with personal knowledge of the representations provided in
       RedShift'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

   San Francisco Office

   5653 Stoneridge Dr., Suite 105

   Pleasanton, California, 94588-8543

    6. This Notice shall be sent to RedShift 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

   David K. Hartshorn

   District Director

   San Francisco 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

   2

   2

                       Federal Communications Commission