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Journal Broadcast Corporation, KTHI, Caldwell, ID

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Released: September 13, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Journal Broadcast Corporation
) File No. EB-FIELDWR-12-00003771
Licensee of Station KTHI
)
)
Facility ID # 68589
)
)
NOV No. V201232920012
Caldwell, Idaho
)

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 Journal Broadcast Corporation (Journal), licensee of radio station KTHI in
Caldwell, Idaho. 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 KTHI located at 5257 Fairview Avenue, Boise, Idaho, and observed the following violation:
a.
47 C.F.R. § 73.1870(b)(3): “The designation of the chief operator must be in
writing with a copy of the designation posted with the station license.
Agreements with chief operators serving on a contract basis must be in
writing with a copy kept in the station files.” At the time of the inspection,
KTHI did not have the chief operator designation in writing.
3.
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, Journal, 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


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

4.
In accordance with Section 1.16 of the Commission’s Rules, we direct Journal to support
its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Journal with personal knowledge of the representations provided in Journal’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
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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6.
This Notice shall be sent to Journal Broadcast Corporation 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau


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.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

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