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 )
)
Perry Broadcasting Systems
) File No. EB-04-SJ-044
)
Licensee of WSQD )
Facility ID #53629 ) NOV No. V20043268007
)
Lajas, Puerto Rico )
NOTICE OF VIOLATION
Released:
September 13, 2004
By the Resident Agent, San Juan Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Perry
Broadcasting Systems, licensee of AM broadcast station WSQD in
Lajas, Puerto Rico.
2. On September 2, 2004, an agent of the Commission's San
Juan Office attempted to inspect radio station WSQD, licensed to
serve Lajas, Puerto Rico, and observed the following violation:
2)a. 47 C.F.R. § 73.1125(a)(1): Except for those
stations described in paragraph (b) of this section, each
AM, FM and TV broadcast station shall maintain a main
studio at one of the following locations: (1) Within the
station's community of license; (2) At any location
within the principal community contour of any AM, FM, or
TV broadcast station licensed to the station's community
of license; or (3) Within twenty-five miles from the
reference coordinates of the center of its community of
license as described in Section 73.208(a)(1). At the
time of the attempted inspection at the station's main
studio, located in the Palmarejo Ward of Lajas, Puerto
Rico; the main gate was found padlocked and no personnel
was available to attend the agent during an inspection.
During a subsequent interview on September 8, 2004, Mr.
Juan Galiano-Rivera, the station manager for WSQD,
admitted to the lack of staffing during normal business
hours at the studio.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Perry Broadcasting Systems, must submit a written statement
concerning this matter within 20 days of release of this Notice.
The response must fully explain each violation, must contain a
statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line
for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer
of the licensee with personal knowledge of the matter. 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 Resident Agent Office
US Federal Building Room 762
San Juan, Puerto Rico 00918-1731
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional penalties,
including monetary forfeiture.
5. The Privacy Act of 19743 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
your compliance. Any false statement made knowingly and
willfully in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.4
6. This Notice shall be sent to Perry Broadcasting
Systems, POB 1689, Lajas, Puerto Rico 00667.
FEDERAL COMMUNICATIONS COMMISSION
Reuben Jusino
Resident Agent
San Juan Office
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.