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Federal Communications Commission
Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of
International Crusade of the Penny,
Licensee of LPFM Station KLIE-LP,
Garden Grove, California
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File No.: EB-FIELDWR-19-00028904
Fac. ID. No. 193081
NOTICE OF VIOLATION
Released: August 9, 2019
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to section 1.89 of the Commissions rules 47 CFR 1.89.
to International Crusade of the Penny (International Crusade), licensee of LPFM Station KLIE-LP, Garden Grove, California. Pursuant to section 1.89(a) of the Commissions 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. 47 CFR 1.89(a).
2. On March 8, 2019, an Agent of the Enforcement Bureaus Los Angeles Office inspected KLIE-LP and observed the following violations:
a. 47 CFR 73.1660(a)(2): An LPFM transmitter shall be certified for compliance with the requirements of this part following the procedures described in part 2 of this chapter. At the time of the inspection, the LPFM transmitter utilized by Station KLIE-LP was not authorized. During the inspection, the agent observed that KLIE-LP employed a BEXT Model XL 500 transmitter. The transmitter did not bear the label required for certified equipment under section 2.925(a)(1) of the Commissions rules, See 47 CFR 2.925(a)(1).
and a subsequent review of the Commissions databases revealed no certification for this model of LPFM transmitter.
3. Pursuant to section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. 308(b).
and section 1.89 of the Commissions rules, 47 CFR 1.89.
we seek additional information concerning the violation and any remedial actions taken. Therefore, International Crusade 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. 47 CFR 1.89(c).
4. In accordance with section 1.16 of the Commissions rules, we direct International Crusade to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of International Crusade with personal knowledge of the representations provided in the response, verifying the truth and accuracy of the information therein, Section 1.16 of the Commissions 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). 47CFR 1.16.
and confirming that all of the information requested by this Notice which is in the International Crusades 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. 18 U.S.C. 1001, et seq.; see also 47 CFR 1.17.
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 Regional Office
11331 183rd Street, PMB #365
Cerritos, CA 90703
Field@FCC.gov
6. This Notice shall be sent to International Crusade of the Penny, 12501 Jane Drive, Garden Grove, CA 92841.
7. The Privacy Act of 1974 P.L. 93-579, 5 U.S.C. 522a(e)(3).
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
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
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