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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Susan L. Uecker, Receiver ) File No. EB-11-SF-0182
Licensee of Radio Station KTRB(AM) )
Facility ID # 66246 ) NOV No. V201232960011
San Francisco, California )
NOTICE OF VIOLATION
Released: December 21, 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 Susan L. Uecker, Receiver
("Uecker"), licensee of radio station KTRB(AM) in San Francisco,
California. This Notice may be combined with a further action, if
further action is warranted.
2. On October 13, 2011, the San Francisco Office received a complaint
that radio station KPAM, in Troutdale, Oregon, was experiencing
interference from KTRB, a co-channel station (860 kHz), in San
3. On October 21, 2011, agents of the Enforcement Bureau's San Francisco
Office investigated the allegation. During the course of the
investigation, the agents inspected radio station KTRB(AM) located at
San Francisco, California, and observed the following violations:
a. 47 C.F.R. S: 11.52(d): "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. They are developed in accordance with FCC
monitoring priorities." At the time of the inspection, agents
observed that station KTRB(AM) was monitoring only one EAS assigned
source, the LP-1 (Local Primary), KCBS 740 kHz.
b. 47 C.F.R. S: 11.61(b): "Tests of EAS Procedures. Entries shall be
made in EAS Participant records, as specified in S:S:11.35(a) and
11.54(b)(13)." At the time of inspection, there were no entries in
the KTRB(AM)'s logs that the required monthly test (RMT) for October,
November, and December of 2010, and January, March, and April of 2011
c. 47 C.F.R. S: 73.57(d): "Each remote reading ammeter shall be accurate
to within 2 percent of the value read on its corresponding regular
ammeter." At the time of inspection, agents observed that the remote
antenna ammeter reading was 8.30 amps and the regular antenna ammeter
reading was 8.75 amps during the nighttime mode of operation, a
difference of 5.14 percent.
d. 47 C.F.R. S: 73.1350(c): "The licensee must establish monitoring
procedures and schedules for the station and the indicating
instruments employed must comply with S:73.1215." At the time of
inspection, there were no records that KTRB(AM) monitoring procedures
and schedules were established, and that the indicating instruments
e. 47 C.F.R. S: 73.1400: "The licensee of an AM, FM, TV or Class A TV
station is responsible for assuring that at all times the station
operates within tolerances specified by applicable technical rules
contained in this part and in accordance with the terms of the
station authorization. Any method of complying with applicable
tolerances is permissible." At the time of inspection, agents
determined that KTRB(AM) station authorized power in the daytime mode
was out of tolerance, the station failed to ensure that technical
parameters were within tolerances and transmission system operation
was monitored either at the main studio, transmitter site, or other
f. 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 than 90% nor more than 105% of the
authorized power." At the time of inspection, agents determined that
KTRB(AM) was operating at 84.1% of the authorized power in the
g. 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... Annually, for AM stations, with not more than 14
months between measurements." At the time of inspection, KTRB(AM)
failed to ensure that measurements were conducted.
h. 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, there was no station log
of KTRB(AM) station's operation.
i. 47 C.F.R. S: 73.3526(e)(5) & (e)(8): "Contents of the file. The
material[s] to be retained in the public inspection file [are] ...(5)
Ownership reports and related materials. A copy of the most recent,
complete ownership report filed with the FCC for the station,
together with any statements filed with the FCC certifying that the
current report is accurate, and together with all related material.
These materials shall be retained until a new, complete ownership
report is filed with the FCC, at which time a copy of the new report
and any related materials shall be placed in the file. The permittee
or licensee must retain in the public file either a copy of the
contracts listed in such reports in accordance with
S:73.3615(a)(4)(i), or an up-to-date list of such contracts.
Licensees or permittees who choose to retain a list of contracts must
provide a copy of any contracts to requesting parties within 7 days.
...(8) 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 KTRB(AM) public
inspection file was missing the ownership reports and related
materials, and a copy of the public and broadcasting manual.
j. 47 C.F.R. S: 73.3526(c)(1): "Access to material in the file. The file
shall be available for public inspection at any time during regular
business hours. All or part of the file may be maintained in a
computer database, as long as a computer terminal is made available,
at the location of the file, to members of the public who wish to
review the file." At the time of inspection, agents determined that
the KTRB(AM) public inspection file was located inside the locked and
secured building facility at 300 Broadway Street, San Francisco,
California and there was no information posted identifying this
facility as the studio location of KTRB(AM).
4. 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, Susan L. Uecker, Receiver, 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 Commission's Rules, we direct
Susan L. Uecker, Receiver, to support her response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by Susan L. Uecker, Receiver, 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 Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
7. This Notice shall be sent to Susan L. Uecker, Receiver, at her address
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
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