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KYWN Radio Inc., KYWN, Meridian, OR

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Released: October 31, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
KYWN Radio Inc.
) File No.: EB-FIELDWR-13-00011391
Licensee of Station KYWN
NOV No.: V201432920001
Meridian, Oregon
Facility ID: 129380


Released: October 31, 2013

By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to KYWN Radio Inc. (KYWN), licensee of radio station KYWN in
Meridian, Idaho. 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
On July 16 and 17, 2013, an agent of the Enforcement Bureau’s Portland Office
attempted to inspect radio station KYWN at an address listed in the Boise’s Yellow Page Directory at
location 1050 Clover Drive, Boise, Idaho. The inspecting agent observed that KYWN was on the air on
frequency 890 kHz but there was no station personnel present at the main studio listed at the above
address. On August 7, 2013, the FCC Portland Office issued a Letter of Inquiry asking KYWN to
provide the current address for its main studio. In a Letter of Response, dated August 20, 2013, KYWN
indicated that the new main studio address is 1014 N. 3rd Avenue, Caldwell, Idaho 83605. On that same
date August 20, 2013, KYWN, also sent a Notice of Change of Main Studio Address with the FCC in
Washington, D.C. The referenced Notice was subsequently received by the FCC on August 26, 2013.
47 C.F.R. § 73. 1125(d)(1): “Relocation of the main studio may be made
from one point to another within the locations described in paragraph (a) or
(c) of this section, or from a point outside the locations specified in
paragraph (a) or (c) to one within those locations, without specific FCC
authority, but notification to the FCC in Washington shall be made

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

Federal Communications Commission

promptly.” KYWN failed to notify the FCC of its new address for the main
studio in a timely manner. KYWN notified the FCC of the change only after
receiving a Letter of Inquiry from the Portland Office.
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, KYWN, 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
In accordance with Section 1.16 of the Rules, we direct KYWN to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of KYWN with personal knowledge of the representations provided in KYWN’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
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
PO Box 61469
Vancouver, WA 98666-1469
This Notice shall be sent to KYWN Radio Inc. at the 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.

Federal Communications Commission

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.
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau

7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

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