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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Borinquen Broadcasting Co., Inc. ) File No.: EB-FIELDSCR-14-00013593

   )

   Licensee of Station WVJP-FM ) NOV No.: V201432680003

   )

   Caguas, Puerto Rico ) Facility ID: 6441

   )

   )

                              NOTICE OF VIOLATION

   Released: March 4, 2014

   By the District Director, Atlanta 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 Borinquen Broadcasting Co., Inc.
       (Borinquen), licensee of Station WVJP-FM in Caguas, Puerto Rico, and
       owner of antenna structure number 1011423 in Rio Grande, 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 February 10, 2014, an agent of the Enforcement Bureau's San Juan
       Office inspected Borinquen's antenna structure 1011423 located in Rio
       Grande, Puerto Rico and observed the following violation(s):

     a. 47 C.F.R. S 73.1350: "Each licensee is responsible for maintaining
        and operating its broadcast station in a manner which complies with
        the technical rules set forth elsewhere in this part and in
        accordance with the terms of the station authorization." According to
        Station WVJP-FM's station authorization, its transmitter is
        authorized to be located at 18-o 16' 41.00" N 65DEG 51' 9.00" W.
        Station WVJP-FM's transmitter is located at 18DEG 16' 41.27" N 065DEG
        51' 11.81" W, approximately 263 feet from the authorized coordinates.

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

   US Federal Building Room 762

   San Juan, PR 00918-1731

    6. This Notice shall be sent to Borinquen 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 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