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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Houston Christian Broadcasters, Inc. ) File No.: EB-FIELDSCR-13-00007456
Licensee of Station K202EA )
Facility ID # 78194 )
)
Lockhart, Texas ) NOV No.: V201332540005
)
NOTICE OF VIOLATION
Released: March 27, 2013
By the Resident Agent, Houston 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 (Rules)^ to Houston Christian Broadcasters,
Inc., licensee of radio station K202EA in Lockhart, Texas. 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 violation(s) noted herein.^
2. On March 20, 2013, an agent of the Enforcement Bureau's Houston Office
inspected the structure supporting the transmitting antenna for
station K202EA located in Lockhart, Texas and observed the following
violation:
a. 47 C.F.R. S 74.1265(b): "The call sign of the translator or booster
together with the name, address, and telephone number of the licensee
or local representative of the licensee if the licensee does not
reside in the community served by the translator or booster, and the
name and address of a person and place where station records are
maintained, shall be displayed at the translator or booster site on
the structure supporting the transmitting antenna, so as to be
visible to a person standing on the ground at the transmitter site.
The display shall be prepared to withstand normal weathering for a
reasonable period of time and shall be maintained in legible
condition by the licensee." At the time of inspection no information
was observed concerning station K202EA at the base of the supporting
structure.
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 violation and any remedial action taken.
Therefore, Houston Christian Broadcasters, Inc. 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 Houston
Christian Broadcasters, Inc. to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Houston Christian Broadcasters, Inc.
with personal knowledge of the representations provided in Houston
Christian Broadcasters, Inc. 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to Houston Christian Broadcasters, Inc. 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
Stephen P. Lee
Resident Agent
Houston Office
South Central 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
2
Federal Communications Commission