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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rio School District )
) File No. EB-09-LA-0132
Licensee of Radio Station KIM499 )
)
Oxnard, California )
)
) NOV No. V201032900005
)
NOTICE OF VIOLATION
Released: December 10, 2009
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, to Rio School District , licensee of
radio station KIM499 in Oxnard, California.
2. On September 24, 2009, and October 22 2009, an agent of the
Enforcement Bureau's Los Angeles Office located and conducted
monitoring of station KIM499 located at 2500 Vineyard Avenue, Oxnard,
California. During the monitoring, along with an inspection, conducted
on October 22, 2009, the agent observed the following violation:
a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Service 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..." At the time of the
monitoring and inspection, KIM499 was operating on 462.625 MHz which
is a frequency not authorized by the KIM499 license.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Rio School
District of Oxnard, must submit a written statement concerning this
matter within 20 days of release of this Notice. The response must
fully explain each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective
action(s). The response must be complete in itself and signed by a
principal or officer of the Rio School District. 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 Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Rio School District at its address of record.
5. The Privacy Act of 1974 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission