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 )


   Calvary Chapel of Carson Valley )  File No. EB-FIELDWR-12-00004007

   Licensee of KYHW-LP ) 

   Facility ID No. 126654  ) NOV No. V201232960035

   Gardnerville, NV )


                              NOTICE OF VIOLATION

   Released: September 20, 2012

   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 Calvary Chapel of Carson Valley, 
       licensee of radio station KYHW-LP in Gardnerville,  Nevada.  Pursuant
       to Section 1.89(a) of the Commission's Rules, issuance of this NOV
       does not preclude the Enforcement Bureau from further action if
       warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violations noted herein.

    2. On August 13, 2012, an agent of the Enforcement Bureau's San Francisco
       Office inspected KYHW-LP located at Gardnerville, Nevada,  and
       observed the following violations:

     a. 47 C.F.R. S: 73.877:  "The licensee of each LPFM station must
        maintain a station log. Each log entry must include the time and date
        of observation and the name of the person making the entry."  At the
        time of inspection,  there were no logs available for inspection.

     b. 47 C.F.R. S: 11.15:  "The [Emergency Alert System (EAS)] Operating
        Handbook states in summary form the actions to be taken by personnel
        at EAS Participant facilities 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 . . . ."   At the time of the
        inspection, there was no EAS Handbook at the duty station. 

    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.

    4. Pursuant to Section  308(b) 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 taken.  Therefore, Calvary Chapel of Carson Valley 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
       Calvary Chapel of Carson Valley to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Calvary Chapel of Carson Valley with
       personal knowledge of the representations provided in Calvary Chapel
       of Carson Valley'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.

    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  District Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California  94588-8543

    7. This Notice shall be sent to Calvary Chapel of Carson Valley at its 
       address of record.

    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.


   David K. Hartshorn

   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: 308(b).

   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