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Kickin' Country Broadcasting, LLC, KCKM, Monahans, TX

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Released: February 17, 2010

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Kickin' Country Broadcasting, LLC
)
File No. EB-08-DL-0202
Licensee of Radio Station KCKM
)
Facility ID # 35048
)
NOV No. V201032500001
Monahans, TX
)
)

NOTICE OF VIOLATION

Released: February 17, 2010

By the District Director, Dallas Office, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the
Commission’s Rules1 to Kickin' Country Broadcasting, LLC, licensee of radio station
KCKM in Monahans, TX.
2. On December 1, 2009, agents of the Commission’s Dallas Office inspected the main
studio of radio station KCKM, located in Monahans, TX 79756, and observed the
following violation(s):
a. 47 C.F.R. § 11.61(b): “Entries shall be made in EAS Participant records,
as specified in §§11.35(a) and 11.54(b)(13).” Although the station’s
EAS equipment was operational and all required tests were sent and
received, a review of the station records showed a failure to log any tests
sent during the month of August 2009 and a failure to log required
monthly tests sent between August 1, 2009 and December 1, 2009.
b. 47 C.F.R. § 73.1870(c)(3): “The chief operator is responsible for
completion of the following duties specified in this paragraph below.
When these duties are delegated to other persons, the chief operator shall
maintain supervisory oversight sufficient to know that each requirement
has been fulfilled in a timely and correct manner. (1) Inspections and
calibrations of the transmission system, required monitors, metering and
control systems; and any necessary repairs or adjustments where
indicated. (See §73.1580.) (2) Periodic AM field monitoring point
measurements, equipment performance measurements, or other tests as
specified in the rules or terms of the station license. (3) Review of the
station records at least once each week to determine if required entries
are being made correctly. Additionally, verification must be made that


147 C.F.R. § 1.89.

Federal Communications Commission

the station has been operated as required by the rules or the station
authorization. Upon completion of the review, the chief operator or his
designee must date and sign the log, initiate any corrective action which
may be necessary, and advise the station licensee of any condition which
is repetitive. (4) Any entries which may be required in the station
records. (See §73.1820.).” On December 1, 2009, the chief operator
acknowledged that he was unaware of this rule or his responsibilities
under it and had not been reviewing station records.
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. We also must investigate violations
of other rules that apply to broadcast licensees. Pursuant to Section 403 of the
Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules,
we seek additional information concerning the violation(s) and any remedial actions the
station may have taken. Therefore, Kickin' Country 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.3
4. In accordance with Section 1.16 of the Commission’s Rules, we direct Kickin' Country
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 Stone/Collins
Communications, Inc. with personal knowledge of the representations provided in
Stone/Collins Communications, Inc.’s response, verifying the truth and accuracy of the
information therein,4 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.5


247 U.S.C. § 403.
347 C.F.R. § 1.89(c).
4Section 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.
518 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
6. This Notice shall be sent to Kickin' Country Broadcasting, LLC at its address of record.
7. The Privacy Act of 19746 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
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau


6P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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