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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Hispanic Target Media Inc ) File No. EB-09-DV-0139
Licensee of Station KALN )
Facility ID # 164178 )
Dexter, New Mexico ) NOV No. V201032800020
)
)
NOTICE OF VIOLATION
Released: March 31, 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 Hispanic Target Media, Inc.,
licensee of radio station KALN in Dexter, New Mexico. This Notice may
be combined with a further action, if further action is warranted.
2. On December 2, 2009, an agent of the Enforcement Bureau's Denver
Office inspected radio station KALN, located at Roswell, New Mexico,
and observed the following violations:
a. 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, no EAS Operating Handbook was available.
b. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation. Additionally, EAS
Participants must determine the cause of any failure to receive the
required tests or activations specified in S:11.61(a)(1) and (a)(2).
Appropriate entries indicating reasons why any tests were not
received must be made in the broadcast log as specified in
S:S:73.1820 and 73.1840 of this chapter for all broadcast streams..."
At the time of the inspection, there were no entries in the station
log indicating why the Required Monthly and Required Weekly tests and
activations were missing since December 2008.
c. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must
have the capability to turn the transmitter off at all times. If the
personnel are at a remote location, the control system must provide
this capability continuously or must include an alternate method of
acquiring control that can satisfy the requirement of paragraph (e)
of this section that operation be terminated within three minutes."
At the time of the inspection, the remote control system consisting
of a dial-up remote control system was inoperative and transmitter
control personnel were unable to have positive on/off control of the
transmitter.
d. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must
enable the licensee to determine compliance with S: 73.1560 regarding
operating power and AM station mode of operation, S: 73.1570
regarding modulation levels, and, where applicable S: 73.1213
regarding antenna tower lighting, and S: 73.69 regarding the
parameters of an AM directional antenna system." At the time of the
inspection, no monitoring procedures and schedules were in place to
check for operating power levels or modulation levels.
e. 47 C.F.R. S: 73.1400(a): "The licensee of an AM, FM, TV, or Class A
TV station is responsible for assuring that at all times the station
operates within tolerances specified by applicable technical rules
contained in this part and in accordance with the terms of the
station authorization. Any method of complying with applicable
tolerances is permissible..." At the time of the inspection, a
dial-up remote control system was inoperative and the transmitter
control personnel were unable to determine the power output of the
transmitter or confirm the operation complied with the station's
authorization.
f. 47 C.F.R. S: 73.1560(b): "Except as provided in paragraph (d) of this
section, the transmitter output power of an FM station, with power
output as determined by the procedures specified in S: 73.267, which
is authorized for output power more than 10 watts must be maintained
as near as practicable to the authorized transmitter output power and
may not be less than 90% nor more than 105% of the authorized
power..." At the time of the inspection, KALN was operating with an
output power of 45% of that authorized.
g. 47 C.F.R. S: 73.1590(a)(1) : "The licensee of each AM, FM, TV and
Class A TV station, except licensees of Class D non-commercial
educational FM stations authorized to operate with 10 watts or less
output power, must make equipment performance measurements for each
main transmitter as follows:...upon initial installation of a new or
replacement main transmitter." At the time of the inspection, no
equipment performance measurements were available when the main
transmitter was installed and operational in December 2008.
h. 47 C.F.R. S: 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, there was no written
designation posted with the station license designating the chief
operator.
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. We also must investigate
violations of other rules that apply to broadcast licensees. 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, Hispanic Target Media, Inc., 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
Hispanic Target Media, Inc., to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Hispanic Target Media, Inc., with
personal knowledge of the representations provided in Hispanic Target
Media, Inc., 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 Office
215 S.Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226
6. This Notice shall be sent to Hispanic Target Media, Inc., 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
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Federal Communications Commission