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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lazer Licenses, LLC ) File No. EB-FIELDWR-13-00011865
Licensee of Station KZER(AM) ) NOV No. V201432900004
)
Santa Barbara, California )
NOTICE OF VIOLATION
Released: October 31, 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 Licenses, LLC (Lazer)
licensee of station KZER(AM) 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 violations noted herein.^
2. On September 11, 2013, agents of the Enforcement Bureau's Los Angeles
Office inspected the base fencing of antenna structure #1013829
located in Santa Barbara, California, which is part of a two-tower
directional antenna array for broadcast station KZER(AM), and observed
the following violation:
a. 47 C.F.R. S 73.49: "Antenna towers having radio frequency potential
at the base (series fed, folded unipole, and insulated base antennas)
must be enclosed within effective locked fences or other enclosures."
At the time of the inspection, the fence immediately surrounding was
deteriorated and the padlock on the fence was unlocked.
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 violation and any remedial actions taken.
Therefore, Lazer 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.^ Lazer must also detail when the fence was
last locked or secured, when it last inspected the fence and the
padlock, when it first became aware that the fence was unsecured, and
its procedure to ensure the fence is adequately secured.
4. In accordance with Section 1.16 of the Rules, we direct Lazer 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, 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 Licenses, LLC 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 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