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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Broadcast Group, LTD. ) File No. EB-FIELDWR-13-00008549
Registrant of Antenna Structure No. 1275618 )
) NOV No. V201332940012
Calexico, California )
NOTICE OF VIOLATION
Released: May 16, 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 Broadcast Group, LTD.,
registrant of antenna structure number 1275618, in Calexico,
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 May 3, 2013, agents of the Enforcement Bureau's San Diego Office
inspected antenna structure number 1275618, located in Calexico,
California, and observed the following violations:
a. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
Antenna
Structure Registration number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R)..."
Commission records indicate that the registrant has not notified the
Commission
of the tower's completed construction.
b. 47 C.F.R. S 17. 4(g): "Except as described in paragraph (h) of this
section, the Antenna Structure Registration Number must be displayed in a
conspicuous place so that it is readily visible near the base of the
antenna structure. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to be
easily seen at the base of the antenna structure." At the time of the
inspection, the agents observed that the antenna structure registration
number 1275618 was not displayed.
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, Broadcast Group, LTD., 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
Broadcast Group, LTD., support the response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
authorized officer of Broadcast Group with personal knowledge of the
representations provided in Broadcast Group'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
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 Broadcast Group LTD., 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. S 403.
^ 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