**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Luís A. Mejia ) File No. EB-07-SJ-076

Licensee of Broadcast Auxiliary Station KPK990 )

Broadcast Parent Station Facility ID \# 4936 ) NOV No. V20083268002

Gurabo, Puerto Rico )

)

)

NOTICE OF VIOLATION

Released: January 11, 2008

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 Rules[^1] to Luis A. Mejia, licensee of
    broadcast auxiliary radio station KPK990 operating in San Juan, PR.

2.  On November 20, 2007, in response to a complaint of interference, an
    agent of the Commission's San Juan Office monitored broadcast
    auxiliary radio station KPK990 transmitting from the WIAC-FM
    (Facility ID \# 4936) transmitter site located in Gurabo, PR, and
    observed the following violation:

    a.  47 C.F.R. § 90.210 (b) (3): "Emission Mask B. For transmitters
        that are equipped with an audio low-pass filter, the power of
        any emission must be attenuated below the unmodulated carrier
        power (P) as follows: On any frequency removed from the assigned
        frequency by more than 250 percent of the authorized bandwidth:
        At least 43 + 10 log (P) dB." A spurious emission radiated by
        the KPK990 transmitter on 458.1925 MHz was observed to be
        attenuated 3 db below the assigned frequency of 455.010 MHz. The
        expected attenuation based on the authorized power of 15
        watts (P) is 54.7 db. Based on the signal strength measurements
        taken by the agent, a spurious emission radiated by the KPK990
        transmitter on 458.1925 MHz was not attenuated below the
        unmodulated carrier power by at least 43 db.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Luis A.
    Mejia, 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:

> Federal Communications Commission
>
> San Juan Office
>
> US Federal Building Room 762
>
> San Juan, PR 00918-1731

4.  This Notice shall be sent to Luis A. Mejia at his address of record.

5.  The Privacy Act of 1974[^3] 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
>
> Reuben Jusino
>
> Resident Agent
>
> San Juan District Office
>
> South Central Region
>
> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*