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KRCA License, LLC, KPNZ, Salt Lake City, UT

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
KRCA License, LLC
) File No. EB-FIELDWR-13-00007251
Licensee of Station KPNZ
)
)
NOV No. V201332800049
Salt Lake City, UT
)
Facility ID # 77512
)

NOTICE OF VIOLATION

Released:

May 16, 2013
By the District Director, Denver District Office, Western 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 KRCA License, LLC (KLL), licensee` of TV station KPNZ serving
Ogden, UT. 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 violations noted herein.2
2.
On February 7, 2013, an agent of the Enforcement Bureau’s Denver District Office
inspected TV station KPNZ, located at 150 N. Wright Brothers Drive, Suite 520, in Salt Lake City, UT,
and observed the following violations:
a.
47 C.F.R. § 11.35(a): “EAS Participants are responsible for ensuring that
EAS Encoders, EAS Decoders, Attention Signal generating and receiving
equipment, and Intermediate Devices used as part of the EAS to decode
and/or encode messages formatted in the EAS Protocol and/or the Common
Alerting Protocol are installed so that the monitoring and transmitting
functions are available during the times the stations and systems are in
operation. Additionally, EAS Participants must determine the cause of any
failure to receive the required tests or activations specified in § 11.61(a)(1)
and (2). Appropriate entries indicating reasons why any tests were not
received must be made in the broadcast station log as specified in §§ 73.1820
and 73.1840 of this chapter for all broadcast streams and cable system
records as specified in §§ 76.1700, 76.1708, and 76.1711 of this chapter. All
other EAS Participants must also keep records indicating reasons why any


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

Federal Communications Commission

tests were not received and these records must be retained for two years,
maintained at the EAS Participant’s headquarters, and made available for
public inspection upon reasonable request.” At the time of the inspection,
the station had no EAS logs. There were no records or logs reflecting that
such deficiencies were noticed or addressed.
b.
47 C.F.R. § 11.52(d)(1): “…EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and cable
system and wireless cable system are specified in the State EAS Plan….”
The Utah State EAS Plan requires that stations in the Ogden Region of the
Wasatch Front Operational Area monitor KSL-AM, on frequency 1160 kHz,
and NOAA, on frequency 162.550 MHz. At the time of the inspection, the
station had no EAS records and the EAS input sources could not be verified.
c.
47 C.F.R. § 11.61(a)(1)(i): “Tests in odd numbered months shall occur
between 8:30 a.m. and local sunset. Tests in even numbered months shall
occur between local sunset and 8:30 a.m. They will originate from Local or
State Primary sources. The time and script content will be developed by State
Emergency Communications Committees in cooperation with affected EAS
Participants. Script content may be in the primary language of the EAS
Participant. These monthly tests must be transmitted within 60 minutes of
receipt by EAS Participants in an EAS Local Area or State.” At the time of
the inspection, the station had no record of any EAS transmit or receive
monthly tests being conducted prior to February 7, 2013.
d.
47 C.F.R. § 11.61(a)(2)(i)(A): “Analog and digital AM, FM, and TV
broadcast stations must conduct tests of the EAS header and EOM codes at
least once a week at random days and times. Effective December 31, 2006,
DAB stations must conduct these tests on all audio streams. Effective
December 31, 2006, DTV stations must conduct these tests on all program
streams.” At the time of the inspection, the station had no record of any EAS
weekly transmit or receive tests being conducted on or prior to February 7,
2013.
e.
47 C.F.R. § 11.61(b): “Entries shall be made in EAS Participant records, as
specified in §11.35(a) and 11.54(a)(3).” At the time of the inspection, the
station had no log of EAS tests or actual activations (transmit or receive)
prior to February 7, 2013. The station had no records or logs to suggest that
EAS deficiencies were noticed or addressed. In a phone call the following
day, February 8, 2013, KPNZ’s representative confirmed that there were no
EAS records to provide.
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.
2

Federal Communications Commission

4.
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, KLL 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 Rules, we direct KLL to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of KLL with personal knowledge of the representations provided in KLL’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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
7.
This Notice shall be sent to KRCA License, 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 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.
3

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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4

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