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 2 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).