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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Central Park Church of God ) File No.: EB-FIELDSCR-13-00007078


   Licensee of Station KYFA-FM ) NOV No.: V201332500043


   Ginger, Texas  ) Facility ID Nos.: 174944, 150493


   Licensee of Station K240DS )


   Garland, Texas  )


                              NOTICE OF VIOLATION

   Released:  April 22, 2013

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Central Park Church of God,
       licensee of radio station KYFA-FM in Ginger, Texas and radio station
       K240DS in Garland, 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 February 27 and 28, 2013, agents of the Enforcement Bureau's Dallas
       Office inspected Stations KYFA-FM licensed to Ginger, Texas and K240DS
       located in Garland, Texas, and observed the following violation(s):

     a. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol are installed so that the monitoring and
        transmitting functions are available during the times the stations
        and systems are in operation." At the time of the inspection, the EAS
        equipment was installed in the Garland, Texas studio and then looped
        through the equipment at the Quinlan, Texas Church. This arrangement
        does not make the EAS equipment and messages available when programs
        are originated from the Quinlan, Texas location.

     b. 47 C.F.R. S 11.52(d): "EAS Participants must comply with the
        following monitoring requirements: (1)With respect to monitoring for
        EAS messages that are formatted in accordance with the EAS Protocol,
        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, Station KYFA-FM was not monitoring the
        assigned stations in the Waco EAS operational area. Station KYFA-FM
        was monitoring two unassigned stations.

     c. 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 S11.52(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..." During the inspection, Station KYFA-FM had
        installed CAP formatted equipment. However, the equipment appeared to
        have been installed or formatted incorrectly, because the Station was
        unable to convert CAP formatted messages during the inspection and
        had no evidence that it had ever been able to do so.

     d. 47 C.F.R. S 73.1125(a): "Except for those stations described in
        paragraph (b) of this section, each AM, FM, and TV broadcast station
        shall maintain a main studio at one of the following locations: (1)
        Within the station's community of license; (2) At any location within
        the principal community contour of any AM, FM, or TV broadcast
        station licensed to the station's community of license; or (3) Within
        twenty-five miles from the reference coordinates of the center of its
        community of license as described in S 73.208(a)(1)." At the time of
        the inspection, Station KYFA-FM had a `main studio' which consisted
        of a small cabinet of equipment located in the pastor's office of the
        Church of God in Quinlan, Texas. This equipment allowed the pastor to
        originate programming during scheduled times, however, at the time of
        inspection, this equipment was not operational. The pastor was unable
        to recall when the equipment failed. This studio was only staffed
        part-time by the pastor. The operational studio for Station KYFA-FM
        with the EAS equipment and staff is in Garland, Texas which does not
        meet any of the above-listed location criteria.

     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." At the time of the inspection, station
        personnel did not know Station KYFA-FM was not transmitting.

     f. 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
        for Station KYFA-FM.

     g. 47 C.F.R. S 73.1820(a)(1)(iii): "The following information must be
        entered [in the Station log]: (iii) An entry of each test and
        activation of the Emergency Alert System (EAS) pursuant to the
        requirement of part 11 of this chapter and the EAS Operating
        Handbook. Stations may keep EAS data in a special EAS log which shall
        be maintained at a convenient location: however, this log is
        considered to be part of the station log." At the time of the
        inspection, there were no entries in any log for any EAS tests or

     h. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A
        TV broadcast station must designate a person to serve as the
        station's chief operator." At the time of the inspection, Station
        KYFA-FM had not designated a chief operator.

     i. 47 C.F.R. S 73.3527(a): "Every permittee or licensee of an AM, FM, or
        TV station in the noncommercial educational broadcast services shall
        maintain a public inspection file containing the material, relating
        to that station," At the time of the inspection, Station KYFA-FM did
        not maintain a public inspection file in either the Quinlan or
        Garland, Texas studios.

     j.  47 C.F.R. S 74.1296: "The licensee or permittee of a station
        authorized under this subpart shall have a current copy of Volumes I
        (parts 0, 1, 2 and 17) and III (parts 73 & 74) of the Commission's
        Rules and shall make the same available for use by the operator in
        charge. Each such licensee or permittee shall be familiar with those
        rules relating to stations authorized under this subpart." Station
        K240DS did not have a copy of the rules and station personnel were
        unfamiliar with the applicable rules.

     k. 47 C.F.R. S 74.1231(b): "Purpose and permissible service. An FM
        translator may be used for the purpose of retransmitting the signals
        of a primary AM or FM radio broadcast station or another translator
        station the signal of which is received directly through space,
        converted, and suitably amplified." At the time of the inspection,
        Station KYFA-FM, the station K240DS is authorized to retransmit, was
        not operational, yet Station K240DS was operating. Additionally,
        station personnel were not aware that Station KYFA-FM was not

    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. 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 Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Central Park Church of God, 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 Rules, we direct Central Park
       Church of God  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Central Park Church of God with personal
       knowledge of the representations provided in Central Park Church of
       God 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

   Dallas Office

   9330 LBJ Freeway, #1170

   Dallas, Texas 75243

    7. This Notice shall be sent to Central Park Church of God 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.


   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


                       Federal Communications Commission