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Voice Ministries of Farmington, Inc., KPCL(FM), Farmington, NM

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Released: December 12, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Voice Ministries of Farmington, Inc.
) File No. EB-FIELDWR-13-00012389
Licensee of Station KPCL(FM)
) NOV No. V201432940008
)

Farmington, NM
) Facility ID No.: 70444

NOTICE OF VIOLATION

Released:

December 12, 2013
By the District Director, San Diego 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 Voice Ministries of Farmington, Inc. (Voice Ministries), licensee of radio
station KPCL(FM) in Farmington, New Mexico. 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 November 18, 2013, an agent of the Enforcement Bureau’s San Diego Office
inspected radio station KPCL(FM)’s main studio located at Farmington, NM, and observed the following
violation:
a.
47 C.F.R. § 11.35(a): “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 the
inspection, there were no entries explaining why the required monthly tests
were not received or transmitted for the months of August, September and
October in 2013. Also, there were no entries that explained why numerous
required weekly tests were not received for monitoring assignments KOBF-
TV and for KENN. The station logs failed to show explanations by the Chief
Operator for why these tests were not received and retransmitted.


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 Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Voice Ministries, 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 Voice Ministries to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Voice Ministries, with personal knowledge of the representations provided in Voice
Ministries’ 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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA 92111
7.
This Notice shall be sent to Voice Ministries of Farmington, Inc., 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.
2

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
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau


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

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