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State of California 32nd District Agricultural Assn., Costa Mesa, 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
)
)
State of California 32nd District Agricultural
) File No.: EB-FIELDWR-13-00007546
Association DBA Orange County Fair
)
Licensee of Station WQIH467
)
NOV No.: V201332900024
)
Costa Mesa, California
)
)

NOTICE OF VIOLATION

Released: May 16, 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 State of California 32nd District Agricultural Association DBA Orange
County Fair, licensee of radio station WQIH467 in Costa Mesa, 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 violation(s) noted
herein.2
2.
On July 24, 2012, March 22 and April 12, 2013, an agent of the Enforcement Bureau’s
Los Angeles Office monitored and inspected radio station WQIH467 located at Costa Mesa, California,
and observed the following violation(s):
a.
47 C.F.R. § 1.903(a): “General rule. Stations in the Wireless Radio
Services must be used and operated only in accordance with the rules
applicable to their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this part,
except as specified in paragraph (b) of this section.” The WQIH467
authorization lists the transmitter location in Costa Mesa, California with the
geographic coordinates of 33° 41’ 12.1” North Latitude, 117° 50’ 24.2”
West Longitude. The transmitter’s observed location is in Costa Mesa at the
approximate geographic coordinates of 33° 40’ 03” North Latitude, 117° 54’
05” West Longitude, which is approximately 6.1 kilometers from its
associated licensed coordinates.


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

Federal Communications Commission

b.
47 C.F.R. § 90.425(a): “Stations licensed under this part shall transmit identification
in accordance with the following provisions: (a) Identification procedure. Except as
provided for in paragraphs (d) and (e) of this section, each station or system shall be
identified by the transmission of the assigned call sign during each transmission or
exchange of transmissions, or once each 15 minutes (30 minutes in the Public Safety
Pool) during periods of continuous operation. The call sign shall be transmitted by
voice in the English language or by International Morse Code in accordance with
paragraph (b) of this section. If the station is employing either analog or digital voice
scrambling, or non-voice emission, transmission of the required identification shall
be in the unscrambled mode using A3E, F3E or G3E emission, or International
Morse, with all encoding disabled.” During the agent’s monitoring of the FB2
mobile relay stations for an extended period, no call sign identifications were
observed.
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, State of California 32nd District Agricultural Association DBA Orange County
Fair 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 State of California 32nd District
Agricultural Association DBA Orange County Fair to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an authorized officer of State of California
32nd District Agricultural Association DBA Orange County Fair with personal knowledge of the
representations provided in State of California 32nd District Agricultural Association DBA Orange
County Fair’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.


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.
2

Federal Communications Commission

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 District Office
18000 Studebaker Road, #660
Cerritos, California 90703
6.
This Notice shall be sent to State of California 32nd District Agricultural Association
DBA Orange County Fair 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
Charles A. Cooper
District Director
Los Angeles District Office
Western Region
Enforcement Bureau


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).
3

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