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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
AMFM Broadcasting Licenses, LLC ) File No. EB-FIELDWR-13-00006939
Licensee of Station KBIG-FM )
Facility ID # 6360 )
Los Angeles, CA ) NOV No. V201332900010
NOTICE OF VIOLATION
Released: February 27, 2013
By the Acting 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 (Rules),^ to AMFM Broadcasting Licenses,
LLC, licensee of radio station KBIG-FM, Los Angeles, California.
Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.^
2. On January 23, 2013, in response to a complaint, an agent from the
Enforcement Bureau's Los Angeles Office monitored KBIG-FM's broadcast
transmission on 104.3 MHz. The monitoring revealed that the
transmission failed to identify the station properly by announcing the
station's call letters immediately followed by its community of
license. The station simply identified itself as 104.3 FM. The
following violation was observed:
a. 47 C.F.R. S 73.1201(b)(1): "Official station identification shall
consist of the station's call letters immediately followed by the
community or communities specified in its license as the station's
location." During the time period that the station's transmissions
were being monitored, the station failed to identify itself properly
with call letters followed by community of license.
3. Pursuant to Section 308(b) 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, AMFM Broadcasting Licenses, 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 AMFM
Broadcasting Licenses, 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 AMFM Broadcasting Licenses, LLC with
personal knowledge of the representations provided in AMFM
Broadcasting Licenses, LLC's 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
18000 Studebaker Rd., Rm. 660
Cerritos, California 90703
6. This Notice shall be sent to AMFM Broadcasting Licenses, 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
Margaret M. Egler
Acting District Director
Los Angeles Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 308(b).
^ 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