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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Fort Stockton Radio Co, Inc. )
Licensee of Radio Station KFST-FM ) File No. EB-06-DL-129
Facility ID # 22103 ) NOV No. V20063250008
Fort Stockton, Texas )
)
)
NOTICE OF VIOLATION
Released: August 29, 2006
By the District Director, Dallas 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 Fort Stockton Radio Co., Inc,
licensee of Radio Station KFST-FM.
2. On August 4, 2006, an agent of the Commission's Dallas Office
inspected the EAS system for radio station KFST-FM located in Fort
Stockton, Texas and observed the following violations:
a. 47 C.F.R. S 11.15: "The EAS Operating Handbook states in summary form
the actions to be taken by personnel at broadcast stations...upon
receipt of an EAN, an EAT, tests, or State and Local Area alerts...A
copy of the 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 inspection, a copy
of the EAS Operating Handbook was not available at the station.
b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at
least once a 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 signing the station logs to
indicate that they had been reviewed.
c. 47 C.F.R. S 11.52(d): "Broadcast stations and cable systems and
wireless cable systems 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." The station's
EAS decoder was attached to two receivers, but station logs revealed that
EAS tests and other activations were being received from only one source.
d. 47 C.F.R. S 73.1820(a)(1)(iii): "An entry [must be made in the station
log] of each test and activation of the Emergency Alert
System (EAS) pursuant to the requirement of part 11 of this chapter and
the EAS Operating Handbook." At the time of the inspection, the station's
EAS logs showed incorrect dates for the Required Monthly Tests ("RMT"),
the Required Weekly Tests ("RWT") and other EAS activations. Additionally,
S 73.1800(a) requires all station log entries to accurately reflect the
station operation.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Fort Stockton
Radio Co., Inc., 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 Fort Stockton Radio Co., Inc. 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
Dallas Office
9330 LBJ Fwy
Suite 1170
Dallas, Texas, 75243
4. This Notice shall be sent to Fort Stockton Radio Co., Inc., at its
address of record.
5. 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
James D. Wells
District Director
Dallas 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
3
Federal Communications Commission