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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bakewell Media of Louisiana, LLC ) FileNo.: EB-FIELDSCR-13-00006242
Licensee of Radio Station WBOK ) NOV No. V201332620007
)
Owner of Antenna Structure No. 1234235 ) Facility ID: 10917
New Orleans, LA )
NOTICE OF VIOLATION
Released: February 15, 2013
By the Deputy Regional Director, New Orleans Office, SouthCentral Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Bakewell Media of Louisiana, LLC,
owner of antenna structure number 1234235 in New Orleans, Louisiana.
Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation noted herein.
2. On January 24, 2013, an agent of the Enforcement Bureau's New Orleans
Office inspected antenna structure 1234235 located between Peoples
Ave. and Rabbit Street on 9th Street in New Orleans, Louisiana, and
observed the following violation:
47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must be
displayed in a conspicuous place so that it is readily visible near the
base of the antenna structure. Materials used to display the Antenna
Structure Registration number must be weather-resistant and of sufficient
size to be easily seen at the base of the antenna structure." At the time
of inspection, the Antenna Structure Registration Number was not posted.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Bakewell Media of Louisiana, LLC, must submit a written statement
concerning this matter within twenty (20) 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 Rules, we direct Bakewell Media
of Louisiana, LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Bakewell Media of Louisiana, LLC with
personal knowledge of the representations provided in Bakewell Media
of Louisiana, LLC 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
New Orleans Office
Room 460, 2424 Edenborn Avenue
Metairie, Louisiana 70001
6. This Notice shall be sent to Bakewell Media of Louisiana, LLC 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
Loyd Perry
Deputy Regional Director
New Orleans District Office
SouthCentral Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the 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
3
Federal Communications Commission