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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Primera Iglesia Evangelica De Apostoles Y Profetas ) File No.:
EB-FIELDSCR-14-00017127
)
Licensee of Station K291CE ) NOV No.: V201432540015
)
Rosenberg, Texas ) Facility ID: 147704
)
NOTICE OF VIOLATION
Released: September 18, 2014
By the Resident Agent, Houston 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 Primera Iglesia Evangelica De
Apostoles Y Profetas (Primera Iglesia), licensee of radio station
K291CE in Rosenberg, Texas. 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 September 4, 2014, an agent of the Enforcement Bureau's Houston
Office monitored station K291CE and on September 10, 2014, agents of
the Enforcement Bureau's Houston Office inspected station K291CE in
Rosenberg, Texas, and 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 under the provisions of this
part, except as specified in paragraph (b) of this section." At the
time of inspection, station K291CE was observed operating at a
location more than 2000 feet from the licensed coordinates listed in
the station authorization, and the station's antenna was mounted on a
different antenna structure than listed in its application.
b. 47 C.F.R. S 74.1231(b): "An FM translator may be used for the purpose
of retransmitting the signals of a primary AM or FM radio broadcast
station or another translator station the signal of which is received
directly through space, converted, and suitably amplified, and
originating programming to the extent authorized in paragraphs (f),
(g), and (h) of this section...." On September 4, 2014, the agent
observed that Station K291CE was not receiving a direct off-the-air
signal but instead was using other means to receive the programming
it was broadcasting.
c. 47 C.F.R. S 74.1265(b): "The call sign of the translator or booster
together with the name, address, and telephone number of the licensee
or local representative of the licensee if the licensee does not
reside in the community served by the translator or booster, and the
name and address of a person and place where station records are
maintained, shall be displayed at the translator or booster site on
the structure supporting the transmitting antenna, so as to be
visible to a person standing on the ground at the transmitter site.
The display shall be prepared to withstand normal weathering for a
reasonable period of time and shall be maintained in legible
condition by the licensee." At the time of inspection, no information
was observed concerning Station K291CE at the base of the supporting
structure.
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, Primera Iglesia 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 Primera
Iglesia to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Primera Iglesia with personal knowledge of the
representations provided in Primera Iglesia'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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to Primera Iglesia 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
Stephen P. Lee
Resident Agent
Houston 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