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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Blessed Hope Baptist Mission ) File No.: EB-FIELDWR-13-00009738
Licensee of KSVJ (FM) )
) NOV No.: V201332780024
Seward, Alaska )
) Facility ID: 176426
)
NOTICE OF VIOLATION
Released: July 9, 2013
By the Anchorage Resident Agent Office, Anchorage, Alaska, 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 Blessed Hope Baptist Mission,
(Blessed Hope) licensee of radio station KSVJ(FM) with a community of
service in Seward, Alaska. 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 June 18, 2013, an agent of the Enforcement Bureau's Anchorage
Office located by direction finding and signal strength techniques an
unmodulated signal on 90.7 MHz in the FM broadcast band to the
Resurrection Bay Baptist Church on the Seward Highway. While no
persons where available to inquire of the operations the Anchorage
Office observed the following violation:
a. 47 C.F.R. S 73.1350(a) "Each licensee is responsible for maintaining
and operating its broadcast station in a manner which complies with
the technical rules set forth elsewhere in this part and in accordance
with the terms of the station authorization." At the time of the
inspection, the inspecting agent observed that the KSVJ transmissions
emanated from a location other than authorized and with an
unauthorized antenna. The location at/near the base of the
antenna-supporting pole, noted with a GPS receiver, to be at
approximate coordinates N 60'0 10' 36", W 149'0 23' 59". Additionally,
the antenna in use at this location is a two-bay vertically polarized
unit.^
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, Blessed Hope Baptist Mission, 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 Blessed Hope
Baptist Mission, to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Blessed Hope Baptist Mission, with personal
knowledge of the representations provided in Blessed Hope Baptist
Mission, Inc., 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
Anchorage Resident Agent Office
PO Box 231949
Anchorage, AK 99523-1949
6. This Notice shall be sent to Blessed Hope Baptist Mission, 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
David J. Charlton
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ See BLED-20130524ABJ, License to Cover and subsequent BMPED-20130624ABE
Construction Permit, both documents in an "Accepted for Filing" status
within the Commission's CDBS system. (Last visited 07/02/2013)
^ 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
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Federal Communications Commission