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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kickin' Country Broadcasting, LLC ) File No. EB-08-DL-0202
Licensee of Radio Station KCKM )
Facility ID # 35048 ) NOV No. V201032500001
Monahans, TX )
)
NOTICE OF VIOLATION
Released: February 17, 2010
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 Kickin' Country Broadcasting, LLC,
licensee of radio station KCKM in Monahans, TX.
2. On December 1, 2009, agents of the Commission's Dallas Office
inspected the main studio of radio station KCKM, located in Monahans,
TX 79756, and observed the following violation(s):
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S:S:11.35(a) and 11.54(b)(13)." Although
the station's EAS equipment was operational and all required tests
were sent and received, a review of the station records showed a
failure to log any tests sent during the month of August 2009 and a
failure to log required monthly tests sent between August 1, 2009 and
December 1, 2009.
b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
completion of the following duties specified in this paragraph below.
When these duties are delegated to other persons, the chief operator
shall maintain supervisory oversight sufficient to know that each
requirement has been fulfilled in a timely and correct manner. (1)
Inspections and calibrations of the transmission system, required
monitors, metering and control systems; and any necessary repairs or
adjustments where indicated. (See S:73.1580.) (2) Periodic AM field
monitoring point measurements, equipment performance measurements, or
other tests as specified in the rules or terms of the station
license. (3) 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. (4)
Any entries which may be required in the station records. (See
S:73.1820.)." On December 1, 2009, the chief operator acknowledged
that he was unaware of this rule or his responsibilities under it and
had not been reviewing station records.
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 violation(s) and any remedial actions the station may
have taken. Therefore, Kickin' Country Broadcasting, LLC 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
Kickin' Country Broadcasting, LLC to support its response to this
Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Stone/Collins
Communications, Inc. with personal knowledge of the representations
provided in Stone/Collins Communications, Inc.'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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
6. This Notice shall be sent to Kickin' Country 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
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: 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