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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Calvary Chapel of Costa Mesa, Inc. )   File No.:  EB-FIELDWR-13-00011912

   Licensee of Station K273CB )


   Bakersfield, California ) NOV No.: V201432900011

                              NOTICE OF VIOLATION

   Released:  January 16, 2014

   By the District Director,  Los Angeles Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to  Calvary Chapel of Costa Mesa,
       Inc. (CCCM), licensee of radio station K273CB 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 violation(s) noted herein.^

    2. The Enforcement Bureau's Los Angeles Office (Los Angeles Office)
       received a complaint from Station KCNQ(FM), assigned to the community
       of Kernville, California, concerning interference on frequency 102.5
       MHz from co-channel translator Station K273CB. K273CB is classified as
       a "fill-in" translator and rebroadcasts KWVE(AM) assigned to Oildale,
       California. Station KCNQ(FM) also provided to CCCM and the Los Angeles
       Office a list of individuals who attempted to listen to Station
       KCNQ(FM) but whose reception of Station KCNQ(FM) was not possible due
       to the apparent interference from Station K273CB. On July 18, 2013,
       agents  of the Enforcement Bureau's  Los Angeles Office inspected
       radio station K273CB and, in addition, observed the interference
       impact to KCNQ(FM). The agents calculated that Station KCNQ(FM) and
       Station K273CB have a site-to-site distance separation of 44
       kilometers (27 miles). While conducting on-and-off testing  of K273CB
       and monitoring KCNQ(FM) at several sites identified to be experiencing
       interference, the following violation was observed:

     a. 47 C.F.R. S 74.1203: "(a) An authorized FM translator or booster
        station will not be permitted to continue to operate if it causes any
        actual interference to: (1) The transmission of any authorized
        broadcast station; or (2) The reception of the input signal of any TV
        translator, TV booster, FM translator or FM booster station; or

   (3) The direct reception by the public of the off-the-air signals of any
   authorized broadcast station including TV Channel 6 stations, Class D
   (secondary) noncommercial educational FM stations, and previously
   authorized and operating FM translators and FM booster stations.
   Interference will be considered to occur whenever reception of a regularly
   used signal is impaired by the signals radiated by the FM translator or
   booster station, regardless of the quality of such reception, the strength
   of the signal so used, or the channel on which the protected signal is
   transmitted." At the time of the inspection, the agents observed that
   K273CB transmissions on 102.5 MHz was causing interference to the
   reception of KCNQ(FM) broadcast signal at several locations.

    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, CCCM  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 CCCM  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       CCCM  with personal knowledge of the representations provided in
       CCCM'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

   Los Angeles Office

   18000 Studebaker Rd., #660

   Cerritos, CA 90703

    6. This Notice shall be sent to Calvary Chapel of Costa Mesa, Inc.  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.


   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


                       Federal Communications Commission