Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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 )

   )

   Tuck Properties, Inc. ) File No.: EB-FIELDSCR-13-00007234

   Licensee of Station KNAV-LP ) NOV No.: V201332500042

   ) Facility ID: 47898

   De Soto, Texas  )

   )

                              NOTICE OF VIOLATION

   Released: April 8, 2013

   By the District Director, Dallas 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 Tuck Properties, Inc., licensee
       of Low Power TV Station KNAV-LP in De Soto, Texas. 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 violation(s)
       noted herein.^

    2. On March 7, 2013, an agent of the Enforcement Bureau's Dallas Office
       inspected the transmitter site for Station KNAV-LP, located in De
       Soto, Texas, and observed the following violation(s):

     a. 47 C.F.R. S 74.765(b): "The call sign of the station, together with
        the name, address, and telephone number of the licensee, if the
        licensee does not reside in the community served by the station, and
        the name and address of the person and where the station records are
        maintained, shall be displayed at the transmitter site on the
        structure supporting the transmitting antenna, so as to be visible to
        a person standing on the ground. The display shall be maintained in
        legible condition by the licensee". At the time of the inspection,
        the agent observed that the required sign was not posted.

     b. 47 C.F.R. S 74.784(b): "The licensee of a low power TV or TV
        translator station shall not rebroadcast the programs of any other TV
        broadcast station or other station authorized under the provisions of
        this Subpart without obtaining prior consent of the station whose
        signals or programs are proposed to be retransmitted. The FCC,
        Attention: Video Division, Media Bureau, shall be notified of the
        call letters of each station rebroadcast, and the licensee of the low
        power TV or TV broadcast translator station shall certify it has
        obtained written consent from the licensee of the station whose
        programs are being retransmitted." During the day of the inspection,
        Tuck Properties, Inc. stated in an email that Station KNAV-LP did not
        have a written agreement with HOT TV to rebroadcast their
        programming. Tuck Properties, Inc. only had a verbal agreement to
        rebroadcast HOT TV's programming.

    3. 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, Tuck Properties, 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 Rules, we direct  Tuck
       Properties, 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 Tuck Properties, Inc. with personal knowledge
       of the representations provided in Tuck Properties, 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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas 75243

    6. This Notice shall be sent to Tuck Properties, Inc. at its address of
       record.

    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

   James D. Wells

   District Director

   Dallas 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

   2

                       Federal Communications Commission