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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Azteca Broadcasting Corporation ) File No. EB-06-SF-228
Licensee of Radio Station KXEQ )
Facility ID # 57445 ) NOV No. V20073296006
Reno, Nevada )
NOTICE OF VIOLATION
Released: December 11, 2006
By the District Director, San Francisco District 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 Azteca Broadcasting Corporation,
licensee of radio station KXEQ, in Reno, Nevada.
2. On September 14, 2006, an agent of the Enforcement Bureau's San
Francisco Office inspected radio station KXEQ located at 225 Linden
Street, Reno, Nevada, and observed the following violations:
a. 47 C.F.R. S 11.61(a) "Tests shall be made at regular intervals as
indicated in paragraphs (a)(1) and (a)(2) of this section. Additional
tests may be performed anytime. EAS activations and special tests may
be performed in lieu of required tests as specified in paragraph
(a)(4) of this section. All tests will conform with the procedures in
the EAS Operating Handbook." At the time of inspection, a review of
the station's EAS log revealed that all tests after July 3, 2006 were
entered in an identical fashion. This resulted in no record of the
station receiving or transmitting any monthly tests.
b. 47 C.F.R. S 73.3526(e)(4) "Contour Maps. A copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, together with any other information in the application
showing service contours and/or main studio and transmitter location
(State, county, city, street address, or other identifying
information). These documents shall be retained for as long as they
reflect current, accurate, information, regarding the station." At
the time of inspection, there were no contour maps within the public
file.
c. 47 C.F.R. S 73.3526 (e)(5) "Ownership reports and related materials.
A copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related materials shall be placed in the
file." At the time of the inspection, there were no ownership reports
or related materials found in the public file.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Azteca Broadcasting
Corporation, 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
actions taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective
actions. The response must be complete in itself and signed by a
principal or officer of the Azteca Broadcasting Corporation. 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 Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Azteca Broadcasting Corporation at its
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
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
cc: Jose Morales
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
3
Federal Communications Commission