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 )


   Flinn Broadcasting Corporation )  File No. EB-FIELDWR-12-00004998

   Licensee of Station KLSK )

   Facility ID # 87644 )

   Great Falls, Montana )  NOV No. V201332800015


                              NOTICE OF VIOLATION

   Released: November 15, 2012

   By the District Director, Denver District  Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to Flinn Broadcasting Corporation
       (Flinn), licensee of radio station KLSK in Great Falls, Montana. 
       Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 September 18, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected  radio station KLSK located at 1601 2nd Ave
       North, Suite 528, Great Falls, Montana, and observed the following

     a. 47 C.F.R. S: 11.35(a): "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 . . . . " At the time of the
        inspection, there were no entries in the station's logs indicating
        why KLSK did not receive any required monthly test, required weekly
        test or actual activations from station KMON, the  assigned LP-1
        monitoring source, during the time period from June 1, 2012,  through
        August 31, 2012.

     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." At
        the time of the inspection, Flinn failed to ensure that for the
        period June 1 through August 31, 2012, the required monthly test,
        required weekly tests or activations for the station were received.

     c. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
        for completion of the following duties specified in this paragraph
        below. ... (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."  At the time of inspection, the Chief Operator had not
        signed the EAS logs for over three months.

     d. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter (e.g., January 10 for the quarter
        October-December, April 10 for the quarter January-March, etc.). The
        list shall include a brief narrative describing what issues were
        given significant treatment and the programming that provided this
        treatment. ... The lists described in this paragraph shall be
        retained in the public inspection file until final action has been
        taken on the station's next license renewal application." At the time
        of inspection, the agent determined that the public inspection file
        did not contain two quarters of the issues-programs lists from the
        first and second quarter of 2012.

    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.

    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, Flinn 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
       Flinn to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Flinn with personal knowledge of the
       representations provided in Flinn'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 regulatee'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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    7. This Notice shall be sent to Flinn Broadcasting Corporation  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.


   Nikki P. Shears

   District Director

   Denver 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