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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lincoln Chinese Ministry Association ) File No.: EB-FIELDSCR-13-00012115
Licensee of Station KJFT-LP )
) NOV No.: V201432560002
Lincoln, NE )
) Facility ID: 135606
)
NOTICE OF VIOLATION
Released: November 14, 2013
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Lincoln Chinese Ministry
Association, licensee of radio station KJFT-LP in Lincoln, Nebraska.
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 November 7, 2013, an agent of the Enforcement Bureau's Kansas City
Office investigated radio station KJPT-LP located at 2960 N. 38^th
Street, Lincoln, NE. The investigation revealed the following
violation(s):
a. 47 C.F.R. S 73.845: "Each LPFM licensee is responsible for
maintaining and operating its broadcast station in a manner that
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization. In the
event that an LPFM station is operating in a manner that is not in
compliance with the technical rules set forth elsewhere in this part
or the terms of the station authorization, broadcast cast operation
must be terminated within three hours." During the investigation, it
was determined that Station KJPT-LP had been operating on the
frequency 101.7 MHz. The station is authorized to operate on 107.9
MHz.
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, Lincoln Chinese Ministry Association 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 Lincoln
Chinese Ministry Association to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Lincoln Chinese Ministry Association
with personal knowledge of the representations provided in Lincoln
Chinese Ministry Association'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
Kansas City Office
520 NE Colbern Road, 2^nd Floor
Lee's Summit, MO 64086
6. This Notice shall be sent to Lincoln Chinese Ministry Association 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
Ronald D. Ramage
District Director
Kansas City District Office
South Central 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
3
Federal Communications Commission