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Iglesia Pentecostal Visperia Del Fin, Delphi, WA

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Released: March 29, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Iglesia Pentecostal Visperia Del Fin
) File No. EB-FIELDWR-13-00007112
Licensee of Radio Station K218CU
)
)
Delphi, Washington
)
NOV No. V201332980005

NOTICE OF VIOLATION

Released: March 29, 2013

By the Acting District Director, Seattle 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 Iglesia Pentecostal Visperia Del Fin (Iglesia), licensee of radio station
K218CU in Delphi, Washington. 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 January 14, 2013, agents of the Enforcement Bureau’s Seattle Office monitored radio
station K218CU located in Delphi, Washington, and observed the following violations:
a.
47 C.F.R. § 74.1283(c): “A translator station authorized under this subpart
shall be identified by one of the following methods. (1) By arranging for the
primary station whose station is being rebroadcast to identify the translator
station by call sign and location. Three such identifications shall be made
during each day: once between 7 a.m. and 9 a.m., once between 12:55 p.m.
and 1:05 p.m. and once between 4 p.m. and 6 p.m. . . . (2) By transmitting the
call sign in International Morse Code at least once each hour.” On January
14, 2013, between 11:15 a.m. and 1:15 p.m., local time, agents monitored
radio station K218CU and observed no type of station identification during
this monitoring session.


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

Federal Communications Commission

b.
47 C.F.R. § 74.1234(a)(2): “Unattended operation. A station authorized
under this subpart may be operated without a designated person in attendance
if the following requirements are met : The transmitter shall also be
equipped with suitable automatic circuits which will place it in a
nonradiating condition in the absence of a signal on the input channel.” On
January 14, 2013, monitoring revealed that Station K218CU, was operating
unattended and transmitting an FM carrier only, with no audio or program
material.
3.
Pursuant to Section 308(b) 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, Iglesia, 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
4.
In accordance with Section 1.16 of the Rules, we direct Iglesia to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Iglesia with personal knowledge of the representations provided in Iglesia’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 regulatee’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:


3 47 U.S.C. § 4308(b).
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

Federal Communications Commission
Seattle District Office
11410 NE 122nd Way, Suite 312
Kirkland, Washington 98034
6.
This Notice shall be sent to Iglesia Pentecostal Visperia Del Fin, at its 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
Binh Nguyen
Acting District Director
Seattle District Office
Western Region
Enforcement Bureau


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

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