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Lazer Licenses, LLC, KZER(AM), Santa Barbara, CA

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Released: October 31, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Lazer Licenses, LLC ) File No. EB-FIELDWR-13-00011865
Licensee of Station KZER(AM)
)

NOV No. V201432900004
)
Santa Barbara, California
)

NOTICE OF VIOLATION

Released:

October 31, 2013
By the District Director, Los Angeles 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 Lazer Licenses, LLC (Lazer) licensee of station KZER(AM) in Santa
Barbara, 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 September 11, 2013, agents of the Enforcement Bureau’s Los Angeles Office
inspected the base fencing of antenna structure #1013829 located in Santa Barbara, California, which is
part of a two-tower directional antenna array for broadcast station KZER(AM), and observed the
following violation:
a.
47 C.F.R. § 73.49: “Antenna towers having radio frequency potential at the base
(series fed, folded unipole, and insulated base antennas) must be enclosed within
effective locked fences or other enclosures.” At the time of the inspection, the
fence immediately surrounding was deteriorated and the padlock on the fence
was unlocked.
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 violation and any remedial
actions taken. Therefore, Lazer 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 Lazer must also detail when the fence


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

was last locked or secured, when it last inspected the fence and the padlock, when it first became aware
that the fence was unsecured, and its procedure to ensure the fence is adequately secured.
4.
In accordance with Section 1.16 of the Rules, we direct Lazer to support their response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Lazer, 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
Los Angeles Office
18000 Studebaker Rd., # 660
Cerritos, CA 90703
6.
This Notice shall be sent to Lazer Licenses, LLC at the 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
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau


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.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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