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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Kovas Communications of Indiana ) File No. EB-05-CG-
113
Licensee of Radio Station WKKD )
) NOV No.
V20053232005
Aurora, Illinois )
)
5. NOTICE OF VIOLATION
Released: July 13,
2005
By the District Director, Chicago Office, Northeast Region,
Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Kovas Communications
of Indiana, licensee of radio station WKKD.
On April 20, 2005, agents of the Commission's Chicago Office
inspected radio station WKKD, located at 1884 Plain Avenue,
Aurora, Illinois, and observed the following violation(s):
5.a. 47 C.F.R. § 11.15: ``A copy of the EAS
Operating Handbook must be located at normal
duty positions ... and be immediately available
to staff responsible for authenticating
messages and initiating actions.'' At the time
of the inspection, the EAS Operating Handbook
was not available.
5.b. 47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems must monitor two EAS sources.
The monitoring assignments of each broadcast
station and cable system ... are specified in
the State EAS Plan and FCC Mapbook.'' At the
time of the inspection, WKKD was not monitoring
the assigned LP-1, WBBM, Chicago, Illinois.
5.c. 47 C.F.R. § 73.1820(a)(1)(iii): ``An entry of
each test and activation of the Emergency Alert
System'' must be made in the station log. At
the time of the inspection, WKKD could not
provide EAS logs.
5.d. 47 C.F.R. § 73.1225(b): ``In the course of an
inspection or investigation an FCC
representative may require special equipment
tests.'' At the time of the inspection, the
station operator was unable to perform an EAS
test.
5.e. 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.'' At the time of the inspection, WKKD
did not have a written designation of the Chief
Operator.
5.f. 47 C.F.R. § 73.1870(c)(3): ``The chief
operator is responsible for completion of the
following duties ... 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.'' At the time of the inspection, the
Chief Operator was not reviewing or signing the
station log.
5.g. 47 C.F.R. § 73.3526(e)(12): Radio
Issues/programs List. ``For commercial AM and
FM broadcast stations, every three months a
list of programs that have provided the
station's most significant treatment of
community issues during the preceding three
month period. The list for each calendar
quarter is to be filed by the tenth day of the
succeeding calendar quarter.'' At the time of
the inspection, the WKKD's Public Inspection
File did not have the Issues and Program Lists
for the 4th Quarter of 2004 or the 1st Quarter
of 2005.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Kovas Communications of Indiana, must submit a written statement
concerning this matter within twenty (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. 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
Chicago Office
1550 Northwest Highway, Room 306
Park Ridge, IL 60068
This Notice shall be sent to Kovas Communications of
Indiana, Fort Wayne, Indiana at its address of record.
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
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
FEDERAL COMMUNICATIONS
COMMISSION
G. Michael Moffitt
District Director
Chicago Office
Northeast Region
Enforcement Bureau
_________________________
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.