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INCA Communications, Inc., KXOL, Brigham City, UT

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
INCA Communications, Inc.
) File No.: EB-FIELDWR-13-00011570
Licensee of Station KXOL
)
Facility ID 87107
)
)
NOV No.: V201432800001
Brigham City, UT
)

NOTICE OF VIOLATION

Released:

November 7, 2013
By the District Director, Denver District 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 INCA Communications, Inc. (INCA), licensee of radio station KXOL in
Brigham City, UT. 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
On August 27, 2013, an agent of the Enforcement Bureau’s Denver District Office attempted an
inspection of radio station KXOL located at 4455 South 5500 West, in Hooper, Utah, and observed the
following violations:
a.
47 C.F.R. § 73.1125(d)(1): “Relocation of the main studio may be made: (1)
From one point to another within the locations described in paragraph (a) or
(c) of this section, or from a point outside the locations specified (a) or (c) to
within those locations, without specific FCC authorization, but notification to
the FCC in Washington shall be made promptly” At the time of the
attempted inspection the studio was no longer at 4455 South 5500 West, in
Hooper, Utah, a current studio address was not on file with the FCC.
b.
47 C.F.R. § 73.1125(e): “Each AM, FM, TV and Class A TV broadcast
station shall maintain a local telephone in its community of license or a toll-
free number.” At the time of the attempted inspection on August 27, 2013
the phone number on record with the FCC was disconnected. No other
phone number for the station was found in publicly available sources.


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

Federal Communications Commission

2.
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, INCA 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
3.
In accordance with Section 1.16 of the Rules, we direct INCA to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of INCA with personal knowledge of the representations provided in INCA’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 licensee’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.
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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
5.
This Notice shall be sent to INCA Communications, Inc., at its address of record.


3 47 U.S.C. § 308(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

6.
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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau


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

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