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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lazer Broadcasting Corporation ) File No. EB-FIELDWR-13-00011710
Owner of Antenna Structure No. 1013830 ) NOV No. V201432900003
)
Santa Barbara, California )
NOTICE OF VIOLATION
Released: October 24, 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 Lazer Broadcasting Corporation
(Lazer Broadcasting) registrant of antenna structure #1013830 in
Santa Barbara, 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 noted herein.^
2. On September 11, 2013, an agent of the Enforcement Bureau's Los
Angeles Office inspected antenna structure #1013830 located in Santa
Barbara, California, and observed the following violation:
a. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." Antenna structure #1013830 is required to be
painted and at the time of the inspection the agent observed that
there was severe paint flaking and chipping. Furthermore, on some of
the tower sections the bare steel structure was visible.
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 violation and any remedial actions taken.
Therefore, Lazer Broadcasting 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 Lazer
Broadcasting to support their response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Lazer Broadcasting, 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
Los Angeles Office
18000 Studebaker Rd., # 660
Cerritos, CA 90703
6. This Notice shall be sent to Lazer Broadcasting Corporation 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
Charles A. Cooper
District Director
Los Angeles 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