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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Community Action Corp. ) File No. EB-FIELDSCR-15-00020460
)
Licensee of FM Station WCXQ-LP ) NOV No. V201632680002
)
Isabela, PR )
)
NOTICE OF VIOLATION
Released: December 18, 2015
By the Resident Agent, San Juan 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 Community Action Corp.,
licensee of FM Station WCXQ-LP in Isabela, PR. 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 18, 2015, in response to a complain, an agent of the
Enforcement Bureau's San Juan Office, monitored and inspected
WCXQ-LP's main studio and transmitter and observed the following
violation(s):
a. 47 C.F.R S 73.1745: "No broadcast station shall operate at times, or
with modes or power, other than those specified and made a part of
the license, unless otherwise provided in this part." At the time of
inspection, It was noted that the station's effective radiated power
was 79.4 watts. That is 32.41 % higher than the licensed 60.00 watts.
b. 47 C.F.R S 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and
receiving equipment, and Intermediate Devises used as part of the EAS
to decode and/or encode messages formatted in the EAS Protocol and/or
the Common Alerting Protocol are installed so that the monitoring an
transmitting functions are available during the times the stations
and systems are in operation." At the time of inspection there was no
operational EAS.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, Community Action Corp., must
submit a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of
America-CV Station Group, In Community Action Corp.^
4. In accordance with Section 1.16 of the Rules, we direct Community
Action Corp.to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Community Action Corp. with personal knowledge
of the representations provided in its 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
San Juan Office
US Federal Building Room 762
San Juan, PR, 00918-1731
6. This Notice shall be sent to Community Action Corp. 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
William Berry
Resident Agent
San Juan 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