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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   J. Thomas Development of New Mexico, Inc. ) File No.
   EB-FIELDWR-13-00012513

   Licensee of Station KRZE(AM) ) NOV No. V201432940012

   )

   Farmington, New Mexico  ) Facility ID No.: 29518

                              NOTICE OF VIOLATION

   Released:   December 19, 2013

   By the District Director, San Diego Office, Western Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to J. Thomas Development of New
       Mexico, Inc.( J. Thomas), licensee of radio station KRZE(AM) in
       Farmington, New Mexico. Pursuant to Section 1.89(a) of the Rules,
       issuance of this Notice does not preclude the Enforcement Bureau from
       further action if warranted, including issuing a Notice of Apparent
       Liability for Forfeiture for the violations noted herein.^

    2. On November 20, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected radio station KRZE(AM)'s main studio located at
       Farmington, NM, and observed the following violation:

     a. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        S11.61(a)(1) and (2). Appropriate entries indicating reasons why any
        tests were not received must be made in the broadcast station log as
        specified in SS73.1820 and 73.1840 of this chapter for all broadcast
        streams ...." At the time of the inspection, there were no entries
        explaining why the required weekly tests were not received. The
        station logs failed to show explanations by the Chief Operator for
        why these tests were not received and retransmitted.

     b. 47 C.F.R. S 11.52(d)(1): "With respect to monitoring for EAS messages
        that are formatted in accordance with the EAS Protocol, EAS
        Participants 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." On the day of
        inspection, KRZE's EAS equipment was not monitoring the correct local
        primary monitoring assignment of KOBF.

    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.

    4. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, J. Thomas, 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.^

    5. In accordance with Section 1.16 of the Rules, we direct J. Thomas to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       J. Thomas, with personal knowledge of the representations provided in
       J. Thomas'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.^

    6. 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

   San Diego Office

   4542 Ruffner St., Rm. 370

   San Diego, CA 92111

    7. This Notice shall be sent to J. Thomas Development of New Mexico,
       Inc., at its address of record.

    8. 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

   James T. Lyon

   District Director

   San Diego 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 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the 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