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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Paulino Bernal Evangelism ) File No. EB-04-DL-236
)
Licensee of KAZF(FM) in Hebbronville, TX )
Facility ID #86723 ) NOV No. V20053250007
)
McAllen, Texas )
NOTICE OF VIOLATION
Released: December
3, 2004
By the District Director, Dallas Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Paulino
Bernal Evangelism, licensee of station KAZF(FM) in Hebbronville,
Texas.
2. On October 21, 2004, the Commission's Dallas Office
issued an official Letter of Inquiry to Paulino Bernal / Paulino
Bernal Evangelism concerning issues noted during an investigation
of Station KAZF by the Commission's Dallas Office. This Letter
of Inquiry was sent via Certified Mail, Return Receipt Requested
and required a written response to the FCC's Dallas Office by
November 11, 2004. On October 29, 2004, the return receipt was
received by this office verifying delivery of the Letter of
Inquiry. As of the date of this notice, no reply has been
received by this office. By failing to respond to the Letter of
Inquiry, Paulino Bernal Evangelism is in violation of the
following:
2)a. 47 C.F.R. § 73.1015: ``The Commission or its
representatives may, in writing, require from any
applicant, permittee, or licensee written statements of
fact relevant to a determination whether an application
should be granted or denied, or to a determination
whether a license should be revoked, or to any other
matter within the jurisdiction of the Commission, or, in
the case of a proceeding to amend the FM or Television
Table of Allotments, require from any person filing an
expression of interest, written statements of fact
relevant to that allotment proceeding. Any such
statements of fact are subject to the provisions of §
1.17 of this chapter.'' Paulino Bernal Evangelism failed
to provide a written response to the Letter of Inquiry as
required pursuant to this section.
2)b. 47 U.S.C. § 308(b): ``. . . The Commission, at
any time after the filing of such original application
and during the term of any such licenses, may require
from an applicant or licensee further written statements
of fact to enable it to determine whether such original
application should be granted or denied or such license
revoked. Such application and/or such statement of fact
shall be signed by the applicant and/or licensee in any
manner or form, including by electronic means, as the
Commission may prescribe by regulation.'' Paulino Bernal
Evangelism failed to provide a written response to the
Letter of Inquiry as required pursuant to this section.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Paulino Bernal Evangelism must submit a written statement
concerning this matter within 20 days of release of this Notice.
The response must fully explain each of the above listed
violations and must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence. The
response must be complete in itself and signed by Paulino Bernal
as having personal knowledge of the matter and as the holder of
100% interest in Paulino Bernal Evangelism. 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional penalties,
including monetary forfeiture.
5. Furthermore, Paulino Bernal Evangelism must immediately
provide a complete response to the Letter of Inquiry dated
October 21, 2004.
6. Failure to submit a complete response to the Letter of
Inquiry dated October 21, 2004, and/or to any and all similar
correspondence from the FCC, will constitute repeated violation
of 47 C.F.R. §73.1015 and 47 U.S.C. §308(b) that could result in
additional penalties, including monetary forfeiture.
7. 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
8. This Notice shall be sent via Certified Mail, Return
Receipt Requested to Mr. Paulino Bernal, Paulino Bernal
Evangelism, c/o Radio Station KAZF(FM), P.O. Box 252, McAllen, TX
78505.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
LRB
_________________________
1 47 C.F.R. § 1.89
2 47 U.S.C. 308(b)
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3)
4 18 U.S.C. § 1001 et seq