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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Mortenson Broadcasting Company of Missouri, Inc. ) File No.

   Licensee of Station KGGN  ) NOV No. V201332560015

   ) Facility ID No. 41561

   Gladstone, Missouri  )


                              NOTICE OF VIOLATION

   Released: February 5, 2013

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Mortenson Broadcasting Company
       of Missouri, Inc, licensee of radio station KGGN in Gladstone,
       Missouri. Pursuant to Section 1.89(a) of the 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 violation(s) noted herein.^

    2. On January 25, 2013, an agent of the Enforcement Bureau's Kansas City
       Office inspection of Station KGGN's main studio located at 1734 E.
       63^rd Street, Kansas City, Missouri, and observed the following

     a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
        participants must have deployed operational equipment that is capable
        of the following: (1) Acquiring EAS alert messages in accordance with
        the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
        alert messages that have been formatted pursuant to the Organization
        for the Advancement of Structured Information Standards (OASIS)
        Common Alerting Protocol..." At the time of inspection, Station KGGN
        did not have the required CAP-formatted EAS equipment installed.

    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 licensees.

    4. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Mortenson Broadcasting Company of Missouri, 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

    5. In accordance with Section 1.16 of the Rules, we direct Mortenson
       Broadcasting Company of Missouri, 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 Mortenson Broadcasting
       Company of Missouri, Inc. with personal knowledge of the
       representations provided in Mortenson Broadcasting Company of
       Missouri, 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.^

    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

   Kansas City Office

   520 NE Colbern Road

   2^nd Floor

   Lee's Summit, MO 64086

    7. This Notice shall be sent to Mortenson Broadcasting Company of
       Missouri, Inc. 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.


   Ronald D. Ramage

   District Director

   Kansas City District Office

   South Central 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 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