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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