In the Matter of )
)
California Black Chamber of Commerce )
Licensee of Station KDEE-LP ) File No.: EB-FIELDWR-17-00024321
Facility ID # 123915 )
)
Sacramento, California )
NOTICE OF VIOLATION
Released: September 1, 2017
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) to California Black Chamber of Commerce (CBCC), licensee of FM radio station KDEE-LP in Sacramento, California. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Federal Communications Commission’s (Commission’s) Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.
2. On May 17, 2017, an Agent of the Enforcement Bureau’s San Francisco Office inspected KDEE-LP station facilities in Sacramento, California, and observed violations of the following rules:
a. 47 CFR § 73.840: “The transmitter power output (TPO) of an LPFM station must be determined by the procedures set forth in § 73.267 of this part. The operating TPO of an LPFM station with an authorized TPO of more than ten watts must be maintained as near as practicable to its authorized TPO and may not be less than 90% of the minimum TPO nor greater than 105% of the maximum authorized TPO.” At the inspection, the station transmitter was observed operating with 209 watts TPO, which is more than 240% of its authorized TPO of 86 watts.
b. 47 CFR § 1.5 (a): “Each licensee shall furnish the Commission with an address to be used by the Commission in serving documents or directing correspondence to that licensee. Unless any licensee advises the Commission to the contrary, the address contained in the licensee’s most recent application will be used by the Commission for this purpose.” At the time of inspection, the official mailing address as listed in the Commission
records was incorrect. The licensee must submit a “Change in Official Mailing Address for Broadcast Station” form.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, CBCC 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. In accordance with Section 1.16 of the Rules, we direct CBCC to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of CBCC with personal knowledge of the representations provided in CBCC’s response, verifying the truth and accuracy of the information therein, 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.
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 Office
18000 Studebaker Rd. #660
Cerritos, CA 90703
6. This Notice shall be sent to California Black Chamber of Commerce at its address of record.
7. The Privacy Act of 1974 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.
