Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

FM Idaho Co., LLC, KSRV, Ontario, OR

Download Options

Released: September 13, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
FM Idaho Co., LLC
)
) File No. EB-FIELDWR-12-00003957
Licensee of Station KSRV
)
)
Facility ID # 35637
)
)
NOV No. V201232920007
Ontario, Oregon
)

NOTICE OF VIOLATION

Released: September 13, 2012

By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s Rules,1 to FM Idaho Co., LLC (FM Idaho), licensee of radio station KSRV in Ontario,
Oregon. Pursuant to Section 1.89(a) of the Commission’s Rules, issuance of this NOV does not preclude
the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability
for Forfeiture for the violation noted herein.2
2.
On August 16, 2012, an agent of the Enforcement Bureau’s Portland Office inspected
radio station KSRV located at 5660 East Franklin Road, Nampa, Idaho, and observed the following
violation:
a.
47 C.F.R. § 11.15: “[The Emergency Alert System (EAS)] Operating
Handbook states in summary form the actions to be taken by personnel at
EAS Participant facilities upon receipt of an EAN, an EAT, tests, or State
and Local Area alerts. It is issued by the FCC and contains instructions for
the above situations. A copy of the Handbook must be located at normal duty
positions or EAS equipment locations when an operator is required to be on
duty and be immediately available to staff responsible for authenticating
messages and initiating actions.” At the time of the inspection, KSRV did not
have the EAS Operating Handbook at the normal duty positions or EAS
equipment locations.


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

Federal Communications Commission

3.
As the nation’s emergency warning system, the Emergency Alert System is critical to
public safety, and we recognize the vital role that broadcasters play in ensuring its success. The
Commission takes seriously any violations of the Rules implementing the EAS and expects full
compliance from its regulatees.
4.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Commission's Rules, we seek additional information concerning the violations and
any remedial actions taken. Therefore, FM Idaho, 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
5.
In accordance with Section 1.16 of the Commission’s Rules, we direct FM Idaho to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of FM Idaho with personal knowledge of the representations provided in
FM Idaho’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 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
6.
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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
7.
This Notice shall be sent to FM Idaho Co., LLC at its address of record.


3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s 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.

Federal Communications Commission

8.
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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.