Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Media Enterprises, Inc. ) File No. EB-11-SF-0003

   Licensee of Radio Station KHWG(AM) )

   Facility ID # 135862 )

   Fallon, Nevada ) NOV No. V201232960002


                              NOTICE OF VIOLATION

   Released: October  31, 2011

   By the District Director, San Francisco 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 Media Enterprises, Inc. ("Media"),
       licensee of radio station KHWG(AM) in Fallon, Nevada. This Notice may
       be combined with a further action, if further action is warranted.

    2. On June 1, 2011, agents of the Enforcement Bureau's San Francisco
       Office inspected radio station KHWG(AM) located at Fallon, Nevada, and
       observed the following violations:

     a. 47 C.F.R. S: 11.35(a): "[Emergency Alert System (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 operations. Additionally, 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 and cable system
        records as specified in Sections 76.1700, 76.1780, and 76.1711 of
        this chapter." At the time of the inspection, the KHWG(AM) EAS
        equipment was not able to fully receive and transmit tests, and there
        were no entries in the station log indicating any failures.

     b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
        this section. Additional tests may be performed anytime. EAS
        activations and special tests may be performed in lieu of required
        tests as specified in paragraph (a)(4) of this section. All tests
        will conform with the procedures in the EAS Operating Handbook."
        KHWG(AM) failed to ensure that, over the three months prior to the
        inspection, all RMTs and RWTs of the EAS were conducted.

     c. 47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d)
        of this section, the antenna input power of an AM station as
        determined by the procedures specified in Section 73.51 must be
        maintained as near as is practicable to the authorized antenna input
        power and may not be less that 90% nor more than 105% of the
        authorized power." At the time of inspection, agents determined that
        KHWG(AM) was operating at 83.6% of the authorized power in the
        daytime mode and 60.1 % in the nighttime mode.

     d. 47 C.F.R. S: 73.1590(a)(6): "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: Annually, for AM stations, with not more
        than 14 months between measurements." At the time of inspection,
        KHWG(AM) failed to provide a copy of the most recent equipment
        performance measurements.

     e. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
        a station log as required by Section 73.1820. This log shall be kept
        by station employees competent to do so, having actual knowledge of
        the facts required. All entries, whether required or not by the
        provisions of this part, must accurately reflect the station
        operation. Any employee making a log entry shall sign the log,
        thereby attesting to the fact that the entry, or any correction or
        addition made thereto, is an accurate representation of what
        transpired." At the time of the inspection, agents determined that
        KHWG(AM) failed to maintain a station log.

     f. 47 C.F.R. S: 73.1870(a) and (b)(3): "The licensee of each AM, FM, TV
        or Class A TV broadcast station must designate a person to serve as
        the station's chief operator. At times when the chief operator is
        unavailable or unable to act (e.g., vacations, sickness), the
        licensee shall designate another person as the acting chief operator
        on a temporary basis. 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 inspection, agents determined that KHWG(AM)
        did not have a designated chief operator or an acting chief operator,
        and there was no written document available designating a chief

     g. 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. 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 log, initiate
        any corrective action which may be necessary, and advise the station
        licensee of any condition which is repetitive." At the time of
        inspection, agents determined that there was no evidence that review
        of station records had been conducted.

     h. 47 C.F.R. S: 73.3526(e)(8): "Contents of the file. The material to be
        retained in the public inspection file is as follows: The public and
        broadcasting. At all times, a copy of the most recent version of the
        manual entitled "The Public and Broadcasting." At the time of
        inspection, agents determined that the KHWG(AM) public inspection
        file was missing a copy of the manual. A copy of the manual can be
        downloaded from .

    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, Media Enterprises, 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
       Media Enterprises, 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 Media Enterprises, Inc. with personal
       knowledge of the representations provided in Media Enterprises, 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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    6. This Notice shall be sent to Media Enterprises, Inc. at its address of

    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.


   Thomas N. Van Stavern

   District Director

   San Francisco 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


                       Federal Communications Commission