Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of	)
	)
Metroeast Community Media	)		File No.:  EB-FIELDWR-19-00028668
Licensee of FM Translator K296FT	)
	)
Facility ID Number 158590	)
	)
West Haven, Oregon 	)
	
	
						
	
NOTICE OF VIOLATION

	Released: April 16, 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 Commission’s rules (Rules) 47 CFR § 1.89.
 to Metroeast Community Media (Metroeast), licensee of FM Translator K296FT, West Haven, Oregon.  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. 47 CFR § 1.89(a).  



2. On February 22, 2019, an Agent of the Enforcement Bureau’s Portland Office inspected K296FT and observed the following violation:

a. 47 C.F.R. § 74. 1251 (b)(2): “Formal application on FCC Form 349 is required of all permittees and licensees for any of the following changes:  A change in the transmitting antenna system, including the direction of radiation or directive antenna pattern.”  During the inspection, the Agent observed that Metroeast changed its authorized antenna from non-directional pattern, model Telecom Radio Antenna TFC2K, to a directional pattern, model Telecom Radio antenna TFC2K-D.




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 Rules, we seek additional information concerning the violation and any remedial actions taken.  Therefore, Metroeast 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 Rules, we direct Metroeast to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Metroeast with personal knowledge of the representations provided in the response, verifying the truth and accuracy of the information therein, 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 CFR § 1.16.
 and confirming that all of the information requested by this Notice which is in the Metroeast’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. 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 Metroeast Community Media, 829 NE 8th Street, Gresham, Oregon 97030.


7. The Privacy Act of 1974 P.L. 93-579, 5 U.S.C. § 552a(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