Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) America-CV Station Group, Inc. ) File No. EB-FIELDSCR-15-00019701 ) Licensee of TV Station WJPX ) NOV No. V201532680005 ) San Juan, PR ) ) NOTICE OF VIOLATION Released: August 13, 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 America-CV Station Group, Inc., licensee of TV Station WJPX in San Juan, PR. 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 August 3, 2015, in response to a complaint of interference from adjacent channel operators, an agent of the Enforcement Bureau’s San Juan Office, monitored and measured WJPX’s transmitter and observed the following violation(s): a. 47 C.F.R § 73.622(h)(1): “The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than the following amounts below the average transmitted power within the authorized channel. In the first 500 kHz from the channel edge the emissions must be attenuated no less than 47 dB ...” At the time of inspection, emissions on 518.500 MHz (500 KHz from the high channel edge) were attenuated only 21.31 dB, and emissions on 511.500 MHz (500 kHz from the low channel edge) were attenuated only 23.32 dB. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, America-CV Station Group, Inc. must submit a written statement concerning 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 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 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 America-CV Station Group, Inc.4 4. In accordance with Section 1.16 of the Rules, we direct America-CV Station Group, 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 America-CV Station Group, 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 America-CV Station Group, 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).