Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) JKC Communications of the Virgin Islands, Inc. ) File No. EB-FIELDSCR-15-00018962 ) Licensee of Radio Station WVIQ-FM ) NOV No. V201532680003 ) Christiansted, VI ) ) NOTICE OF VIOLATION Released: April 27, 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),1 to JKC Communications of the Virgin Islands, Inc., licensee of Station WVIQ-FM in Christiansted, VI. 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 April 15, 2015, in response to a complaint of interference from Federal Aviation Administration, an agent of the Enforcement Bureau’s San Juan Office, monitored the WVIQ –FM transmitter and observed the following violation(s): a. 47 C.F.R § 73.317(d): “Any emission appearing on a frequency removed from the carrier by more than 600 kHz must be attenuated at least 43 + 10 Log10. (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB, whichever is the lesser attenuation.” The transmitter was emitting a signal on 118.036 MHz that was attenuated only 28.12 dB. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, JKC Communications of the Virgin Islands, Inc. 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). Federal Communications Commission 2 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 JKC Communications of the Virgin Islands, Inc.4 4. In accordance with Section 1.16 of the Rules, we direct JKC Communications of the Virgin Islands, 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 JKC Communications of the Virgin Islands, Inc. with personal knowledge of the representations provided in its 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 San Juan Office US Federal Building Room 762 San Juan, PR, 00918-1731 6. This Notice shall be sent to JKC Communications of the Virgin Islands, Inc. at its address of record. 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 William Berry Resident Agent San Juan Office South Central Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).