Click here for Adobe Acrobat version
Click here for Microsoft Word version

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

                                               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.