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Cochise Broadcasting LLC, KOMJ, Omaha, NE

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Released: August 14, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Cochise Broadcasting LLC
)
File No.: EB-FIELDSCR-13-00010408
Licensee of Station KOMJ
) NOV No.: V201332560032
)
Facility ID: 74104
Omaha, NE
)

NOTICE OF VIOLATION

Released: August 14, 2013

By the District Director, Kansas City 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 (Rules)1 to Cochise Broadcasting LLC, licensee of Station KOMJ in Omaha,
Nebraska. 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 August 1, 2013, an agent of the Enforcement Bureau's Kansas City Office attempted
to inspect Station KOMJ located in Omaha, NE, and observed the following violation(s):
a.
47 C.F.R. 73.1125(a): "...each AM, FM and TV broadcast station shall
maintain a main studio at one of the following locations: (1) Within the
station's community of license; (2) At any location within the principal
community contour of any AM, FM, or TV broadcast station licensed to the
station's community of license; (3) Within twenty-five miles from the
reference coordinates of the center of its community of license..." On
August 1, 2013, an agent from the Kansas City Office attempted to inspect
Station KOMJ's main studio, while the Station was on the air. The Station's
webpage contains no main studio address and only lists a local phone
number, which transfers to voice mail for stations located in the state of
Arizona. The Station's address of record is a mail box in the state of
Wyoming, and the phone number of record connects to an attorney located in
Virginia. On August 1, 2013, the agent attempted to reach the Station at the
local phone number listed on its webpage, but the agent's voicemail


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

Federal Communications Commission

messages were not returned. The attorney listed as the point of contact for
the Station stated that the main studio was located at 10714 Mockingbird Dr.,
Omaha, Nebraska. However, this location is the main studio for the Journal
Broadcast Group stations in Omaha. The staff for the Journal Broadcast
Group stations stated that Station KOMJ's main studio was not located at
10714 Mockingbird Dr. and that no one associated with Station KOMJ
worked at the location. The agent from the Kansas City Office was unable to
locate any main studio for Station KOMJ.
b.
47 C.F.R. 73.3526: "(a) Responsibility to maintain a file, The following
shall maintain for public inspection a file containing the material set forth in
this section...(2) Every permittee or licensee of an AM, FM, TV or Class A
TV station in the commercial broadcast services shall maintain a public
inspection file . . . (c)(1) The file shall be available for public inspection at
any time during regular business hours." On August 5, 5013, an agent from
the Kansas City Office was told by the contact for the Station that KOMJ's
public inspection file was located at 10714 Mockingbird Dr. The agent
telephoned the business located at that address. The staff there, who worked
for the Journal Broadcast Group, was unaware of the location of Station
KOMJ's public inspection file and was unable to make it available. The staff
eventually determined that Cochise Broadcasting LLC rented space at 10714
Mockingbird Dr., but was unable to elaborate further.
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, Cochise Broadcasting LLC 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 Cochise Broadcasting LLC to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Cochise Broadcasting LLC with personal knowledge of the
representations provided in Cochise Broadcasting LLC'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


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
2

Federal Communications Commission

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. 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
Kansas City Office
520 NE Colbern Rd., 2nd Floor
Lees Summit, MO 64086
6.
This Notice shall be sent to Cochise Broadcasting LLC 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
Ronald D. Ramage
District Director
Kansas City District Office
South Central Region
Enforcement Bureau





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).
3

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