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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KSBJ Educational Foundation ) File No.: EB-FIELDSCR-13-00007574
Licensee of Station K258BZ )
) NOV No.: V201332540006
)
Stafford, Texas ) Facility ID: 65769
)
NOTICE OF VIOLATION
Released: April 4, 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 KSBJ Educational Foundation,
licensee of radio station K258BZ in Stafford, 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 27, 2013, an agent of the Enforcement Bureau's Houston Office
inspected the structure supporting the transmitting antenna for
Station K258BZ located in Stafford, 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 K258BZ 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, KSBJ Educational Foundation 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 KSBJ
Educational Foundation to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of KSBJ Educational Foundation with personal
knowledge of the representations provided in KSBJ Educational
Foundation'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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to KSBJ Educational Foundation 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