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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Double O Texas Corporation
) File No. EB-11-DL-0049
Licensee of Radio Station KELI )
Facility ID # 18180 ) NOV No. V201232500003
San Angelo, TX )
)
)
NOTICE OF VIOLATION
Released: Jan 12, 2012
By the By the District Director, Dallas Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules to Double O Texas Corporation, licensee of
radio station KELI in San Angelo, Texas.
2. On July 6, 2011, an agent of the Commission's Dallas Office inspected
radio station KELI located at San Angelo, Texas, and observed the
following violation(s):
47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and
operating its broadcast station ... in accordance with the terms of the
station authorization." Although Station KELI had obtained Special
Temporary Authority to operate with reduced power, it failed to amend its
operating location. Thus, at the time of inspection, Station KELI was
operating temporarily from an unauthorized location.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, we seek additional
information concerning the violation(s) and any remedial actions the
station may have taken. Therefore, Double O Texas Corporation must
submit a written statement concerning this matter within twenty (20)
calendar days of release of this Notice. The response (i) must fully
explain each violation, including all relevant surrounding facts and
circumstances, (ii) must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and (iii)
must include a time line for completion of any pending corrective
action(s). The response must be complete in itself and must not be
abbreviated by reference to other communications or answers to other
notices.
4. In accordance with Section 1.16 of the Commission's rules, we direct
Double O Texas Corporation to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Double O Texas Corporation with personal
knowledge of the representations provided in Double O Texas
Corporation response, verifying the truth and accuracy of the
information therein, and confirming that all of the information
requested by this Notice which is in the licensee's possession,
custody, control, or knowledge has been produced. To knowingly and
willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title
18 of the U.S. Code.
5. 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
Dallas Office
9330 LBJ Freeway Suite # 1170
Dallas, Texas 75243
6. This Notice shall be sent to Double O Texas Corporation at its address
of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission