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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,
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
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
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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
San Francisco District Office
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