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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lakeshore Media, LLC ) File No. EB-09-DV-0117
KMXQ )
Facility ID # 72615 ) NOV No. V201032800019
Socorro, NM )
)
NOTICE OF VIOLATION
Released: March 5, 2010
By the District Director, Denver 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 Lakeshore Media, LLC ("Lakeshore"),
licensee of radio station KMXQ in Socorro, New Mexico.
2. On December 1, 2009, an agent of the Enforcement Bureau's Denver
Office inspected radio station KMXQ, licensed to Socorro, New Mexico,
and observed the following violations:
a. 47 C.F.R. S: 73.3526(e)(5): "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...shall be
retained until a new, complete ownership report is filed with the
FCC..." At the time of inspection, the most recently filed FCC Form
323, Ownership Report for Commercial Broadcast Station, File #
BOA-20070601AAE, was not located in the public inspection file.
b. 47 C.F.R. S: 73.3526(e)(8): "At all times, a copy of the most recent
version of the manual entitled "The Public and Broadcasting" shall be
retained in the public inspection file." At the time of inspection,
this document was missing from the public inspection file.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Lakeshore 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 a principal or officer of
Lakeshore. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Lakeshore Media, LLC, 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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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