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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cedar Creek Radio Company, Inc. )
File No. EB-04-DL-003 )
Licensee of KCKL(FM) in Malakoff, TX )
Facility ID #9715 ) NOV No. V20043250003
)
Malakoff, Texas )
NOTICE OF VIOLATION
Released: April
26, 2004
By the District Director, Dallas Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Cedar
Creek Radio Company, Inc., licensee of station KCKL(FM) in
Malakoff, Texas.
2. On December 17, 2003, an agent of the Commission's
Dallas Office inspected FM broadcast station KCKL, licensed to
Malakoff, Texas, and observed the following violations:
2)a. 47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems and wireless cable systems must monitor two
EAS sources. The monitoring assignments of each
broadcast station and cable system and wireless cable
system are specified in the State EAS Plan and FCC
Mapbook.'' During calendar year 2003, there were no
weeks in which the station logs of station KCKL(FM)
contained more than one entry of the reception of a
weekly and/or monthly EAS test.
2)b. 47 C.F.R. § 73.1800(a): ``The licensee of each
station must maintain a station log as required by
§73.1820. . . . All entries, whether required or not by
the provisions of this part, must accurately reflect the
station operation.'' The automatically printed EAS logs
of station KCKL(FM) contained times and Julian calendar
dates of EAS tests reception that did not accurately
reflect the times and dates that the tests were actually
received. Additionally, Cedar Creek Radio Company, Inc.
faxed correspondence to the FCC's Dallas Office on April
14, 2004 which indicated that it was their belief that
handwritten entries had been made in the station log of
KCKL(FM) during calendar year 2003 which did not
accurately reflect the reception of EAS tests by the
station.
2)c. 47 C.F.R. § 73.1820(a)(1)(iii): ``Station Log.
Entries must be made in the station log...An entry of
each test and activation of the Emergency Alert System
(EAS)...'' During the period from January 5, 2003
through September 27, 2003, there were only four entries
of reception of weekly and/or monthly EAS tests.
2)d. 47 C.F.R. § 73.1820(b)(4): ``In the event of
failure or malfunction of the automatic equipment [to
record entries in the station log], the person designated
by the licensee as being responsible for the log s[h]all
make the required entries in the log manually at that
time.'' Entries in the EAS logs of station KCKL(FM)
dated February 12, March 4, and May 11, 2003 indicated
failure or malfunctioning of the printer that station
KCKL utilized for automatic EAS logging; however, station
KCKL failed to manually make entries of EAS tests
received at those times.
2)e. 47 C.F.R. § 73.1870(c)(3): ``Chief
operators...The chief operator is responsible for
completion of the following duties specified in this
paragraph below. When the duties are delegated to other
persons, the chief operator shall maintain supervisory
oversight sufficient to know that each requirement has
been fulfilled in a timely and correct manner. . . .
Review of the station records at least once each week to
determine if required entries are being made correctly.
. . . Upon completion of the review, the chief operator
or his designee must date and sign the log, initiate any
corrective action which may be necessary, and advise the
station licensee of any condition which is repetitive.''
A review of the available logs for calendar year 2003
indicated there were repetitive violations which
continued until the time of the inspection (December 17,
2003) with no apparent corrective action. Station
KCKL(FM) failed to have the station's chief operator or
his designee properly review, date and sign the station
log at least once each week to determine if required
entries are being made correctly.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Cedar Creek Radio Company, Inc., must submit a written statement
concerning this matter within 20 days of release of this Notice.
The response must fully explain each violation, must contain a
statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line
for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer
of the licensee with personal knowledge of the matter. 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional penalties,
including monetary forfeiture.
5. The Privacy Act of 19743 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
your compliance. Any false statement made knowingly and
willfully in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.4
6. This Notice shall be sent to Cedar Creek Radio Company,
Inc., P.O. Box 489, Malakoff, Texas 75148.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
LRB
_________________________
1 47 C.F.R. § 1.89
2 47 U.S.C. 308(b)
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3)
4 18 U.S.C. § 1001 et seq