Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Impact Radio, Inc., Riverside, CA

Download Options

Released: March 28, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Impact Radio, Inc.
) File No. EB-FIELDWR-13-00006512
Antenna Structure Owner
)
ASR No. 1016955
) NOV No. V201332940005
)
Riverside, California
)

NOTICE OF VIOLATION

Released: March 28, 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 Impact Radio, Inc., owner of antenna structure number 1016955, in
Riverside, 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 January 29, 2013, an agent of the Enforcement Bureau’s San Diego Office inspected
antenna structure number 1016955, located in Riverside, California, and observed the following
violations:
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 is required to be painted and at the time of
the inspection, the agent observed that the paint was faded and chipped for
antenna structure number 1016955.
b. 47 C.F.R. § 17.57: “The owner must also immediately notify the Commission using
FCC Form 854 upon any change in structure height or change in ownership informa-
tion.” The San Diego Office received information that Impact Radio, Inc., acquired
the antenna structure in 2005, but has not updated the ownership information for the
structure.



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

Federal Communications Commission

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, Impact Radio, Inc., 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 Impact Radio, Inc., support
the response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
licensee representative with personal knowledge of the representations provided in the 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 Impact Radio, Inc., 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

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.