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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Catholic, Apostolic & Roman Church in ) File No.: EB-FIELDSCR-13-00007724
Puerto Rico )
) NOV No.: V326820130003
Licensee of AM Station WKVM )
) Facility ID: 8096
San Juan, Puerto Rico )
)
NOTICE OF VIOLATION
Released: April 16th, 2013
By the Resident Agent, San Juan 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 Catholic, Apostolic & Roman
Church in Puerto Rico, licensee of AM Station WKVM in San Juan, Puerto
Rico. 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 April 3 and 8, 2013, an agent of the Enforcement Bureau's San Juan
Office inspected Station WKVM's three antenna structure array located
at the geographical coordinates of: 18-o 21' 40.0" N 066-o 08' 16.0"
W, and observed the following violation(s):
a. 47 C.F.R. S 73.49: "Antenna towers having radio frequency potential
at the base must be enclosed within effective locked fences or other
enclosures... However, individual tower fences need not be installed
if the towers are contained within a protective property fence."
While Station WKVM was on the air, the agent observed that none of
the three antenna structures (antenna structure numbers 1011472,
1011473, and 1011474) were enclosed within effective locked base
fences or a protective property fence.
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, Catholic, Apostolic & Roman Church in Puerto Rico, 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 the Catholic,
Apostolic & Roman Church in Puerto Rico to support its response to
this Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of the Catholic, Apostolic &
Roman Church in Puerto Rico with personal knowledge of the
representations provided in the Catholic, Apostolic & Roman Church in
Puerto Rico 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
San Juan Office
US Federal Building Room 762
San Juan, PR 00918-1731
6. This Notice shall be sent to the Catholic, Apostolic & Roman Church in
Puerto Rico 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
Reuben Jusino
Resident Agent
San Juan District 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