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Bestov Broadcasting, Inc., WI2XAC, Ponce, PR

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Released: August 14, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
Bestov Broadcasting, Inc.
File No.: EB-FIELDSCR-13-00010134
Licensee of Radio Station WI2XAC
NOV No.: V201332680005
Ponce, Puerto Rico
) Facility ID: 132564


Released: August 14, 2013

By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission's rules (Rules)1 to Bestov Broadcasting, Inc., licensee of experimental AM radio station
WI2XAC in Ponce, Puerto Rico. 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
On July 25, 2013, an agent of the Enforcement Bureau's San Juan Office inspected
Station WI2XAC's transmitter site, and observed the following violations:
47 C.F.R. 73.49: "Antenna towers having radio frequency potential at the
base must be enclosed within effective fences or other enclosures." The
agent observed that the gate of the wooden fence around the tower had
collapsed, providing access to the tower base. Moreover, the perimeter
property fence and gate had multiple missing planks, thereby rending it
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 violations and any remedial actions
taken. Therefore, Bestov Broadcasting, Inc. 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

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

Federal Communications Commission

completion of any pending corrective action(s). The response must describe Bestov Broadcasting, Inc.'s
maintenance and inspection procedures for its AM transmission system fencing. The response must be
complete in itself and must not be abbreviated by reference to other communications or answers to other
In accordance with Section 1.16 of the Rules, we direct Bestov Broadcasting, 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 Bestov Broadcasting, Inc. with personal knowledge of the
representations provided in Bestov Broadcasting, Inc.'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
Bestov Broadcasting, Inc.'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

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

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
This Notice shall be sent to Bestov Broadcasting, Inc. at its address of record.
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.
William Berry
Resident Agent
San Juan Office
South Central Region
Enforcement Bureau

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

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