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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
James J. Harzheim III ) File No. EB-07-LA-299
Licensee of Radio Station KI6AEV )
) NOV No. V20073290013
Covina, California )
)
NOTICE OF VIOLATION
Released: August 14, 2007
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 James J. Harzheim III licensee of
radio station KI6AEV in Covina, California.
2. On August 1, 2007, an agent of the Enforcement Bureau's Los Angeles
Office monitored radio station KI6AEV located at 357 E. Greenhaven
St., Covina, California, and observed the following violation:
a. 47 C.F.R. S: 97.103(c) : "The station licensee must make the station
and the station records available for inspection upon request by an
FCC representative." After locating the licensee's station at his
residence using direction finding techniques, Los Angeles agents
confronted the licensee in front of his residence, while the station
was still in automatic operation. The licensee refused to identify
himself, refused to state his call sign, and refused to present his
operator or station license.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, James J. Harzheim III ,
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 James J. Harzheim III. 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 Rd., Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to James J. Harzheim III 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