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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Bell Gardens ) File No. EB-08-LA-0089
Licensee of Radio Station WPUJ467 )
) NOV No. V200832900008
Bell Gardens, CA )
)
NOTICE OF VIOLATION
Released: May 30, 2008
By the Acting Interim 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 City of Bell Gardens, WPUJ467 in
Bell Gardens, California.
2. On April 3 and May 2, 2008, an agent of the Enforcement Bureau's Los
Angeles Office monitored radio station WPUJ467 located at Bell
Gardens, California, and observed the following violation:
a. 47 C.F.R. S: 90.242(a)(7): "Traveler's Information Stations shall
transmit only noncommercial voice information pertaining to traffic
and road conditions, traffic hazard and travel advisories,
directions, availability of lodging, rest stops and service stations,
and descriptions of local points of interest." At the time of the
monitoring, station WPUJ467 was being operated as "Bell Gardens
Community Radio" and was not transmitting information pertaining to
traffic and road conditions, traffic hazard and travel advisories,
directions, availability of lodging, rest stops and service stations
and descriptions of local points of interest.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, City of Bell Gardens, 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 an official of the City of
Bell Gardens. 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 the City of Bell Gardens 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
Leo E. Cirbo
Acting Interim 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