Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
)
Inspirational Family Radio, Inc.
) File No. EB-FIELDWR-12-00003864
Licensee of Station KSPD
)
)
Facility ID # 35627
)
)
NOV No. V201232920014
Boise, 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 Inspirational Family Radio, Inc. (Inspirational Family Radio), licensee of radio
station KSPD in Boise, 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(s) noted herein.2
2.
On August 16, 2012, an agent of the Enforcement Bureau’s Portland Office inspected
radio station KSPD located at 1440 Weideman Avenue, Boise, Idaho, and observed the following
violations:
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(a)(3).” KSPD did not have any records for
receiving tests formatted with the Common Alerting Protocol in the EAS
logs from July 2 through August 16, 2012.
b.
47 C.F.R. § 73.1590(a)(6): “The equipment performance measurements for
each transmitter has to be made annually, for AM stations, with not more
than 14 months between measurements.” During the inspection conducted on
August 16, 2012, KSPD produced its equipment performance
measurements, dated June 29, 2009. The referenced document was outdated
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
Federal Communications Commission
and there were no equipment performance measurements made after June 29,
2012, within 14 months intervals.
c.
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,
KSPD did not have the chief operator designation in writing.
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. In addition, each AM station must make the equipment performance
measurements of the transmitter, annually, with not more than 14 months between measurements; and the
designation of the chief operator must be in writing with a copy posted with the station license.
4.
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, Inspirational Family Radio, 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 Commission’s Rules, we direct Inspirational
Family Radio to support its response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by an authorized officer of Inspirational Family Radio with personal knowledge
of the representations provided in Inspirational Family Radio’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
3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
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.
Federal Communications Commission
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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
7.
This Notice shall be sent to Inspirational Family Radio, Inc. 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
