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Rapid Broadcasting Company, KNBN(DT), Rapid City, SD

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Rapid Broadcasting Company
) File No. EB-FIELDWR-13-00007914
Licensee of Station KNBN(DT)
)
)
NOV No. V201332800051
Rapid City, SD
)
Facility ID # 81464
)

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 Rapid Broadcasting Company (Rapid Broadcasting), licensee of station
KNBN(DT) in Rapid City, SD. 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 noted herein.2
2.
On April 3, 2013, an agent of the Enforcement Bureau’s Denver District Office inspected
TV station KNBN located at 2424 S Plaza Drive, Rapid City, SD, and observed the following violation:
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 (CAP) 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.” At the time of
inspection, KPRO did not have records to indicate their equipment was
receiving tests formatted with the Common Alerting Protocol (CAP).


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

Federal Communications Commission

Additionally, there were no records to determine the cause of the failure to
receive the CAP tests.
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 Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Rapid Broadcasting 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 Rapid Broadcasting to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Rapid Broadcasting with personal knowledge of the representations provided in
Rapid Broadcasting’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 regulatee’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:


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.
2

Federal Communications Commission

Federal Communications Commission
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
7.
This Notice shall be sent to Rapid Broadcasting Company at its address of record.
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).
3

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