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Broadcast Group, LTD., Calexico, CA

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Broadcast Group, LTD.
) File No. EB-FIELDWR-13-00008549
Registrant of Antenna Structure No. 1275618
)
) NOV No. V201332940012
Calexico, California
)

NOTICE OF VIOLATION

Released: May 16, 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 Broadcast Group, LTD., registrant of antenna structure number 1275618,
in Calexico, California. 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.2
2.
On May 3, 2013, agents of the Enforcement Bureau’s San Diego Office inspected
antenna structure number 1275618, located in Calexico, California, and observed the following
violations:
a. 47 C.F.R. § 17.57: “The owner of an antenna structure for which an Antenna
Structure Registration number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R)…”
Commission records indicate that the registrant has not notified the Commission

of the tower’s completed construction.
b.
47 C.F.R. § 17. 4(g): “Except as described in paragraph (h) of this section,
the Antenna Structure Registration Number must be displayed in a
conspicuous place so that it is readily visible near the base of the antenna
structure. Materials used to display the Antenna Structure Registration
Number must be weather-resistant and of sufficient size to be easily seen at
the base of the antenna structure.” At the time of the inspection, the agents


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

observed that the antenna structure registration number 1275618 was not
displayed.

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 violations and any remedial actions
taken. Therefore, Broadcast Group, LTD., 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
4.
In accordance with Section 1.16 of the Rules, we direct that Broadcast Group, LTD.,
support the response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by authorized officer of Broadcast Group with personal knowledge of the representations provided
in Broadcast Group’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 Broadcast Group LTD., at the address of record.


3 47 U.S.C. § 403.
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.
2

Federal Communications Commission

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


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

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