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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
California Black Chamber of Commerce )
Licensee of Station KDEE-LP ) File No.: EB-FIELDWR-17-00024321
Facility ID # 123915 )
)
Sacramento, California )
NOTICE OF VIOLATION
Released: September 1, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to California Black Chamber of Commerce (CBCC), licensee of FM radio
station KDEE-LP in Sacramento, California. Pursuant to Section 1.89(a) of the Rules, issuance of this
Notice does not preclude the Federal Communications Commission’s (Commission’s) Enforcement
Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture
for the violation(s) noted herein.
2
2. On May 17, 2017, an Agent of the Enforcement Bureau’s San Francisco Office inspected
KDEE-LP station facilities in Sacramento, California, and observed violations of the following rules:
a. 47 CFR § 73.840: “The transmitter power output (TPO) of an LPFM station
must be determined by the procedures set forth in § 73.267 of this part. The
operating TPO of an LPFM station with an authorized TPO of more than ten
watts must be maintained as near as practicable to its authorized TPO and
may not be less than 90% of the minimum TPO nor greater than 105% of the
maximum authorized TPO.” At the inspection, the station transmitter was
observed operating with 209 watts TPO, which is more than 240% of its
authorized TPO of 86 watts.
b. 47 CFR § 1.5 (a): “Each licensee shall furnish the Commission with an
address to be used by the Commission in serving documents or directing
correspondence to that licensee. Unless any licensee advises the
Commission to the contrary, the address contained in the licensee’s most
recent application will be used by the Commission for this purpose.” At the
time of inspection, the official mailing address as listed in the Commission
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
records was incorrect. The licensee must submit a “Change in Official
Mailing Address for Broadcast Station” form.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
3
and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, CBCC 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
4. In accordance with Section 1.16 of the Rules, we direct CBCC to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of CBCC with personal knowledge of the representations provided in CBCC’s response, verifying
the truth and accuracy of the information therein,
5
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.
6
5. All replies and documentation sent in response to this Notice should be marked with the
File 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 California Black Chamber of Commerce at its address of
record.
7. The Privacy Act of 1974
7
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.
3
47 U.S.C. § 403.
4
47 CFR § 1.89(c).
5
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 CFR § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
7
See 5 U.S.C. § 552a(e)(3).
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director
Region Three
Enforcement Bureau