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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Bilingue, Inc. ) File No. EB-05-SD-
051
Licensee of FM Radio Station KUBO )
Facility ID # 54495 ) NOV No.
V20053294008
Calexico, California )
)
)
NOTICE OF VIOLATION
Released: August
25, 2005
By the District Director, San Diego Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Radio Bilingue, licensee of non-commercial FM radio station
KUBO.
2. On March 30, 2005 an agent of the Commission's San
Diego Office inspected radio station KUBO in Calexico,
California, and observed the following violation(s):
2.a. 47 C.F.R. § 11.61(a): Emergency alert system
(``EAS'') ``[t]ests shall be made at regular
intervals . . . [including] Required Monthly
Tests of the EAS header codes, Attention
Signal, Test Script and End of Message code.''
At the time of inspection, the station had no
record of Required Monthly Test transmissions
after February 2004.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Radio Bilingue, Inc. must submit a written statement
concerning this matter within twenty (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 Radio
Bilingue, Inc. 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 Diego Office
4542 Ruffner Street, Room 370
San Diego, CA 921111
4. This Notice shall be sent by Certified Mail/Return
Receipt Requested and regular mail to Radio Bilingue, Inc.,
at its address of record.
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 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
FEDERAL COMMUNICATIONS
COMMISSION
William R. Zears, Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
_________________________
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.