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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of California 32^nd District Agricultural ) File No.:
EB-FIELDWR-13-00007546
Association DBA Orange County Fair )
Licensee of Station WQIH467 ) NOV No.: V201332900024
)
Costa Mesa, California )
)
NOTICE OF VIOLATION
Released: May 16, 2013
By the 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 State of California 32^nd
District Agricultural Association DBA Orange County Fair, licensee of
radio station WQIH467 in Costa Mesa, 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 violation(s)
noted herein.^
2. On July 24, 2012, March 22 and April 12, 2013, an agent of the
Enforcement Bureau's Los Angeles Office monitored and inspected radio
station WQIH467 located at Costa Mesa, California, and observed the
following violation(s):
a. 47 C.F.R. S 1.903(a): "General rule. Stations in the Wireless Radio
Services must be used and operated only in accordance with the rules
applicable to their particular service as set forth in this title and
with a valid authorization granted by the Commission under the
provisions of this part, except as specified in paragraph (b) of this
section." The WQIH467 authorization lists the transmitter location in
Costa Mesa, California with the geographic coordinates of 33DEG 41'
12.1" North Latitude, 117DEG 50' 24.2" West Longitude. The
transmitter's observed location is in Costa Mesa at the approximate
geographic coordinates of 33DEG 40' 03" North Latitude, 117DEG 54'
05" West Longitude, which is approximately 6.1 kilometers from its
associated licensed coordinates.
b. 47 C.F.R. S 90.425(a): "Stations licensed under this part shall
transmit identification in accordance with the following provisions: (a)
Identification procedure. Except as provided for in paragraphs (d) and (e)
of this section, each station or system shall be identified by the
transmission of the assigned call sign during each transmission or
exchange of transmissions, or once each 15 minutes (30 minutes in the
Public Safety Pool) during periods of continuous operation. The call sign
shall be transmitted by voice in the English language or by International
Morse Code in accordance with paragraph (b) of this section. If the
station is employing either analog or digital voice scrambling, or
non-voice emission, transmission of the required identification shall be
in the unscrambled mode using A3E, F3E or G3E emission, or International
Morse, with all encoding disabled." During the agent's monitoring of the
FB2 mobile relay stations for an extended period, no call sign
identifications were observed.
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, State of California 32^nd District Agricultural Association
DBA Orange County Fair 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 State of
California 32nd District Agricultural Association DBA Orange County
Fair to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of State of California 32^nd District Agricultural
Association DBA Orange County Fair with personal knowledge of the
representations provided in State of California 32nd District
Agricultural Association DBA Orange County Fair'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
Los Angeles District Office
18000 Studebaker Road, #660
Cerritos, California 90703
6. This Notice shall be sent to State of California 32^nd District
Agricultural Association DBA Orange County Fair 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
Charles A. Cooper
District Director
Los Angeles District 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
2
Federal Communications Commission