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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kern, County of ) File No. EB-FIELDWR-13-00012766
Licensee of Station KF9044 ) NOV No. V201432900010
)
Bakersfield, California )
NOTICE OF VIOLATION
Released: December 16, 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 Kern, County of (Kern)
licensee of station KF9044 in Bakersfield, 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 April 10, 2013, in response to a complaint of interference, an
agent from the Enforcement Bureau's Los Angeles Office observed that
Kern was operating station KF9044 on frequency 122.9 MHz to control
runway lighting at the Minter Field - Shafter Airport.^ The
pilot-controlled lighting, activated by keying the transmitter on
122.9 MHz, was also inadvertently activating a nearby airport's
Automated Weather Observation Station (AWOS) operating on the same
frequency. When the neighboring airport's AWOS was activated, it
interfered with communications of the pilots attempting to land at
Minter Field. Station KF9044 is only authorized for a station class
of "Aeronautical Search and Rescue" (SAR1). The agent observed the
following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission..." At the time of the
inspection, Kern was not operating station KF9044 as a search and
rescue station, as designated by the station license.
b. 47 C.F.R. S 87.371: "Aeronautical search and rescue land and mobile
stations must be used only for communications with aircraft and other
aeronautical search and rescue stations engaged in search and rescue
activities. Aeronautical land search and rescue stations can be moved
for temporary periods from a specified location to an area where
actual or practice search and rescue operations are being conducted."
At the time of the inspection, the agent observed that station
KF9044, which has a designated station class of "Aeronautical Search
and Rescue" (SAR1), was being operated to control runway lights.
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, Kern 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 Kern to
support their response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Kern, 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 Kern 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).
^ See 47 C.F.R. S 87.187(y) (brief keyed RF signals (keying the
transmitter by momentarily depressing the microphone "push-to-talk"
button) may be transmitted from aircraft for the control of automated
unicoms on the Unicom frequencies listed in Section 87.187 (y)(3), or for
the control of airport lights on other specified frequencies).
^ 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