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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Beacon Broadcasting, LLC ) File No. EB-09-DV-0044
Licensee of Radio Station KVAY )
)
Facility ID # 31531 )
Lamar, Colorado ) NOV No. V201032800018 )
NOTICE OF VIOLATION
Released: January 4, 2010
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Beacon Broadcasting, LLC
("Beacon"), licensee of radio station KVAY in Lamar, Colorado. This
Notice may be combined with a further action, if further action is
warranted.
2. On November 6, 2009, an agent of the Enforcement Bureau's Denver
Office inspected KVAY, located at 224 S. Main Street, in Lamar,
Colorado, and observed the following violations:
a. 47 C.F.R. S: 11.35(a): Emergency Alert System ("EAS") "Participants
must determine the cause of any failure to receive the required tests
or activations specified in Sections 11.61(a)(1) and (a)(2).
Appropriate entries indicating reasons why any tests were not
received must be made in the broadcast station log as specified in
Sections 73.1820 and 73.1840 of this chapter for all broadcast
streams . . . "
At the time of the inspection, the agent found there were no entries in
the station log indicating why Required Weekly Tests ("RWTs") from the
station's local primary (LP-1) monitoring assignment, KLMR-AM had not been
received for the weeks of October 5-11, 2009, and October 19-25, 2009.
Additionally, there were no entries in the station log indicating why the
RWTs from the station's second monitoring assignments for the weeks of
October 5, 2009 to November 1, 2009, had not been received.
b. 47 C.F.R. S: 11.15: "The EAS Operating Handbook . . . must be located
at normal duty positions or EAS equipment locations when an operator
is required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions."
At the time of the inspection, the agent found that no EAS Operating
Handbook was available.
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. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violations and any remedial actions the station may have taken.
Therefore, Beacon 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 Commission's Rules, we direct
Beacon to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Beacon with personal knowledge of the
representations provided in Beacon's response, verifying the truth and
accuracy of the information therein, 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.
5. 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
Denver District Office
215 South Wadsworth Boulevard, Suite 303
Lakewood, Colorado 80226
6. This Notice shall be sent to Beacon Broadcasting, 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.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's 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. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission