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Native American Christian Voice, Inc., KTGW(FM), Fruitland, 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
)
)
Native American Christian Voice, Inc.
) File No. EB-FIELDWR-13-00012391
Licensee of Station KTGW(FM)
) NOV No. V201432940009
)

Fruitland, NM
) Facility ID No.: 89170

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 Native American Christian Voice, Inc., (NACV), licensee of radio station
KTGW(FM) in Fruitland, 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 KTGW(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, NACV, 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 NACV to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of NACV, with personal knowledge of the representations provided in NACV’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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA 92111
7.
This Notice shall be sent to Native American Christian Voice, 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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