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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Impact Radio, Inc. ) File No. EB-FIELDWR-13-00006512
Antenna Structure Owner )
ASR No. 1016955 ) NOV No. V201332940005
)
Riverside, California )
NOTICE OF VIOLATION
Released: March 28, 2013
By the District Director, San Diego 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 Impact Radio, Inc., owner of
antenna structure number 1016955, in Riverside, 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 29, 2013, an agent of the Enforcement Bureau's San Diego
Office inspected antenna structure number 1016955, located in
Riverside, California, and observed the following violations:
a. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain good
visibility." The antenna structure is required to be painted and at the
time of the inspection, the agent observed that the paint was faded and
chipped for antenna structure number 1016955.
b. 47 C.F.R. S 17.57: "The owner must also immediately notify the
Commission using
FCC Form 854 upon any change in structure height or change in ownership
informa-
tion." The San Diego Office received information that Impact Radio, Inc.,
acquired the antenna structure in 2005, but has not updated the ownership
information for the structure.
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, Impact Radio, Inc., must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain the violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct the violations
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 that Impact
Radio, Inc., support the response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by licensee
representative with personal knowledge of the representations
provided in the 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 registrant'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
San Diego Office
4542 Ruffner St., #370
San Diego, CA 92111
6. This Notice shall be sent to Impact Radio, Inc., at the 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 T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S403.
^ 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