Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Impact Radio, Inc. ) File No. EB-FIELDWR-13-00006512 Antenna Structure Owner ) ASR No. 1016955 ) NOV No. V201332940005 ) Riverside, California ) NOTICE OF VIOLATION Released: March 28, 2013 By the District Director, San Diego Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules),1 to Impact Radio, Inc., owner of antenna structure number 1016955, in Riverside, 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 violations noted herein.2 2. On January 29, 2013, an agent of the Enforcement Bureau’s San Diego Office inspected antenna structure number 1016955, located in Riverside, California, and observed the following violations: a. 47 C.F.R. § 17.50: "Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility." The antenna structure is required to be painted and at the time of the inspection, the agent observed that the paint was faded and chipped for antenna structure number 1016955. b. 47 C.F.R. § 17.57: “The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership informa- tion.” The San Diego Office received information that Impact Radio, Inc., acquired the antenna structure in 2005, but has not updated the ownership information for the structure. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 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, Impact Radio, Inc., must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain the violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct the violations 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 that Impact Radio, Inc., support the response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by licensee representative with personal knowledge of the representations provided in the 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 registrant’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. and NOV No. specified above, and mailed to the following address: Federal Communications Commission San Diego Office 4542 Ruffner St., #370 San Diego, CA 92111 6. This Notice shall be sent to Impact Radio, Inc., at the address of record. 3 47 U.S.C. §403. 4 47 C.F.R. § 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 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 7. The Privacy Act of 19747 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 James T. Lyon District Director San Diego Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).