Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) SC Communications Inc. ) File No. EB-FIELDWR-13-00010054 Licensee of Station KKI741 ) ) Bakersfield, California ) NOV No.: V201332900038 ) ) NOTICE OF VIOLATION Released: August 1, 2013 By the District Director, Los Angeles 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 SC Communications Inc., licensee of radio station KKI741 in Bakersfield, 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 violation(s) noted herein.2 2. On July 17, 2013, agents of the Enforcement Bureau’s Los Angeles Office inspected radio station WQIL989 located at 764 E Street, Wasco, California, and observed the following violation: a. 47 C.F.R. § 90.427(b): “Except for frequencies used in accordance with § 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.” The agents observed station WQIL989 transmitting on 158.745 MHz, a frequency not authorized under the WQIL989 license. The licensee of WQIL989 informed the agents that SC Communications Inc. had programmed the frequency into the WQIL989 transmitter. In telephone conversations on July 19 and July 23, 2013, a SC Communications Inc. representative acknowledged to a Los Angeles agent that SC Communications Inc. had programmed 158.745 MHz into the station WQIL989 transmitter. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 3. Pursuant to Section 308(b) 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, SC Communications Inc., 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 SC Communications Inc. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of SC Communications Inc. with personal knowledge of the representations provided in SC Communications Inc.’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. and NOV 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 SC Communications Inc. at its address of record. 3 47 U.S.C. § 308(b). 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 Charles A. Cooper District Director Los Angeles Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).