Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) Fajardo Broadcasting Co., Inc. ) File No. EB-09-SJ-0025 Licensee of Radio Station WYQE FM ) Facility ID # 19056 ) NOV No. V201032680001 Naguabo, PR ))) NOTICE OF VIOLATION Released: November 2, 2009 By the Resident Agent, San Juan Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to Fajardo Broadcasting Co., Inc. WYQE, Naguabo, PR. 2. On October 1, 2009, an agent of the Commission’s San Juan Office of the Enforcement Bureau inspected radio station WYQE located in Naguabo, Puerto Rico, and observed the following violation(s): a. 47 C.F.R. § 73.1560(b): “Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in Sec. 73.267, which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power…” At the time of inspection, the transmitter power output was 2.158 kilo watts or 83% of the licensed power. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Fajardo Broadcasting Co., Inc., must submit a written statement concerning this matter within twenty (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 licensee. 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: 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 Federal Communications Commission San Juan Office 762 Federal Building Hato Rey, PR 00918 4. This Notice shall be sent to Fajardo Broadcasting Co. at its address of record. 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent San Juan District Office South Central Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.