Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Entercom Wichita License, LLC ) File No. EB-08-KC-0357
Licensee of Radio Station KEYN-FM )
Facility ID # 53151 ) NOV No. V200932560002
Wichita, Kansas )
)
)
NOTICE OF VIOLATION
Released: 12/10/2008
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Entercom Wichita License, LLC,
licensee of radio station KEYN-FM in Wichita, Kansas.
2. On November 24, 2008, the Kansas state Emergency Alert System ("EAS")
coordinator, requested the assistance of the Commission's Kansas City
Office of the Enforcement Bureau ("Kansas City Office") to resolve an
ongoing issue regarding missing EAS tests from radio station KEYN-FM.
The coordinator expressed concern that station personnel at KEYN-FM
were reportedly not responding to requests for information from other
stations that monitor KEYN-FM as part of their designated EAS
monitoring assignments.
3. After receiving the complaint, on November 24, 2008, an agent of the
Kansas City Office contacted the General Manager for radio station
KEYN-FM located at Wichita, Kansas, and, after discussing the
complaint, the agent requested that the station provide copies of all
station logs and records pertaining to the EAS operation for the three
month period ending 11/24/08. The requested logs and records were
received on November 28, 2008. Based on those logs and records, the
following violations have been detected:
a. 47 C.F.R. S:11.61(a)(2): "Required Weekly Tests: Analog and digital
AM, FM and TV broadcast stations must conduct tests of the EAS header
and EOM codes at least once a week at random days and times..." The
station logs submitted are for the 17-week period of 8/3/08 -
11/24/08. According to these logs, station KEYN-FM did not transmit
any EAS activation during five of those weeks. This includes the
weeks of 8/24-8/30, 9/21-9/27, 10/5-10/11, 10/19-10/25 and
11/16-11/22. Of the weeks when tests were conducted, the tests were
not conducted at random days and times. The tests that were initiated
by KEYN-FM were typically on Tuesday mornings between 7 am -11 am.
b. 47 C.F.R. S: 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. Additionally, verification must be made that the
station has been operated as required by the rules or the station
authorization. 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 station logs and
records submitted by the station pertaining to EAS activations do not
show that any operator is reviewing, signing, or dating the logs
weekly as required. The logs did contain four notes, dated 8/30,
9/30, 10/31 and 11/21 which mentioned some of the missing EAS
activations, however, those notes were typically made at the end of a
month, and most noted a repetitive condition that the EAS test was
not initiated due to "Operator Error." These logs contained no other
dates or signatures to indicate that a weekly review had occurred,
no corrective actions were recorded, and there is no indication that
the licensee was notified of the repeated failure to conduct required
EAS tests.
4. According to the complaint from the Kansas state EAS coordinator,
personnel from several stations and the coordinator have made attempts
to contact KEYN-FM station personnel to determine why some EAS tests
were not received. However, KEYN-FM station personnel reportedly would
not return phone calls and email requests for information. We remind
Entercom Wichita License, LLC that it is responsible for ensuring that
its EAS equipment is fully operational, pursuant to 47 C.F.R. S:
11.35(a). Discussions with the state EAS coordinator and other
stations regarding missing EAS tests would likely help determine
whether the station's EAS equipment is fully operational.
5. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Entercom Wichita
License, LLC, 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
Kansas City Office
520 NE Colbern Rd., 2nd Floor
Lees Summit, MO 64086
6. This Notice shall be sent to Entercom Wichita License, LLC at its
address of record.
7. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission