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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Frank Garcia ) File No. EB-06-LA-286
Licensee of Radio Station WIK978 )
)
Palmdale, CA 93550 ) NOV No. 20073290001
)
NOTICE OF VIOLATION
Released: October 16, 2006
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Frank Garcia, licensee of radio
station WIK978 in Lancaster, California.
2. On September 7, 2006, an agent of the Enforcement Bureau's Los Angeles
Office monitored WIK978 located at Lancaster, California, and
observed the following violation(s):
a. 47 C.F.R. S 90.425(a): "Except as provided for in paragraph (d) and
(e) of this section, each station or system shall be identified by
the transmission of the assigned call sign during each transmission
or exchange of transmissions, or once each 15 minute period
....during periods of continuous operation."
Monitoring by the Los Angeles agent revealed that the users of station
WIK978 did not identify with the assigned call sign.
b. 47 C.F.R. S 90.403(e): "Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." Monitoring by the Los Angeles agent revealed that the
users of station WIK978 transmitted on the frequency 471.2375 MHz
while other communications were in progress.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Frank Garcia 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 Frank Garcia. 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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Frank Garcia at his address of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission