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Basin Broadcasting, Farmington, NM

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Released: December 12, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Basin Broadcasting ) File No. EB-FIELDWR-13-00012498
Owner of Antenna Structure No. 1251096
)
NOV No. V201432940011
)
Farmington, NM
)

NOTICE OF VIOLATION

Released:

December 12, 2013
By the District Director, San Diego 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 Basin Broadcasting (Basin) registrant of antenna structure #1251096, in
Farmington, New Mexico. 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 noted herein.2
2.
On November 19, 2013, an agent of the Enforcement Bureau’s San Diego Office
inspected antenna structure #1251096 located in Farmington, New Mexico, and observed the following
violation:
a. 47 C.F.R. § 17.50: “Antenna structures requiring painting under this part shall be cleaned
or repainted as often as necessary to maintain good visibility.” The antenna structure was
required to be painted and at the time of the inspection, the agent observed that the paint
was partially faded for antenna structure #1251096.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violation and any remedial actions
taken. Therefore, Basin, must submit a written statement concerning this matter within twenty (20) days
of release of this Notice. The response (i) must fully explain the violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to
correct the violations 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Rules, we direct Basin to support the response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Basin with personal knowledge of the representations provided in Basin’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 registrant’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 Diego Office
4542 Ruffner St., # 370
San Diego, CA 92111
6.
This Notice shall be sent to Basin Broadcasting, at the address of record.
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
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau


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.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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