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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   KRCA License, LLC )    File No. EB-FIELDWR-13-00007251

   Licensee of Station KPNZ )

   ) NOV No. V201332800049

   Salt Lake City, UT ) Facility ID # 77512


                              NOTICE OF VIOLATION

   Released: May 16, 2013

   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 KRCA License, LLC (KLL),
       licensee` of TV station KPNZ  serving Ogden, UT.  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

    2. On February 7, 2013, an agent of the Enforcement Bureau's Denver
       District Office inspected  TV station KPNZ, located at 150 N. Wright
       Brothers Drive, Suite 520, in Salt Lake City, UT, and observed the
       following violations:

     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. Additionally, EAS Participants must
        determine the cause of any failure to receive the required tests or
        activations specified in S 11.61(a)(1) and (2). Appropriate entries
        indicating reasons why any tests were not received must be made in
        the broadcast station log as specified in SS 73.1820 and 73.1840 of
        this chapter for all broadcast streams and cable system records as
        specified in SS 76.1700, 76.1708, and 76.1711 of this chapter. All
        other EAS Participants must also keep records indicating reasons why
        any tests were not received and these records must be retained for
        two years, maintained at the EAS Participant's headquarters, and made
        available for public inspection upon reasonable request."   At the
        time of the inspection, the station had no EAS logs. There were no
        records or logs reflecting that such deficiencies were noticed or

     b. 47 C.F.R. S 11.52(d)(1): "...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...." The Utah State EAS Plan requires that stations in the Ogden
        Region of the Wasatch Front Operational Area monitor KSL-AM, on
        frequency 1160 kHz, and NOAA, on frequency 162.550 MHz. At the time
        of the inspection, the station had no EAS records and the EAS input
        sources could not be verified.

     c. 47 C.F.R. S 11.61(a)(1)(i): "Tests in odd numbered months shall occur
        between 8:30 a.m. and local sunset. Tests in even numbered months
        shall occur between local sunset and 8:30 a.m. They will originate
        from Local or State Primary sources. The time and script content will
        be developed by State Emergency Communications Committees in
        cooperation with affected EAS Participants. Script content may be in
        the primary language of the EAS Participant. These monthly tests must
        be transmitted within 60 minutes of receipt by EAS Participants in an
        EAS Local Area or State." At the time of the inspection, the station
        had no record of any EAS transmit or receive monthly tests being
        conducted prior to February 7, 2013.

     d. 47 C.F.R. S 11.61(a)(2)(i)(A): "Analog and digital AM, FM, and TV
        broadcast stations must conduct tests of the EAS header and EOM codes
        at least once a week at random days and times. Effective December 31,
        2006, DAB stations must conduct these tests on all audio streams.
        Effective December 31, 2006, DTV stations must conduct these tests on
        all program streams." At the time of the inspection, the station had
        no record of any EAS weekly transmit or receive tests being conducted
        on or prior to February 7, 2013.

     e. 47 C.F.R. S 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in S11.35(a) and 11.54(a)(3)." At the time of
        the inspection, the station had no log of EAS tests or actual
        activations (transmit or receive) prior to February 7, 2013. The
        station had no records or logs to suggest that EAS deficiencies were
        noticed or addressed. In a phone call the following day, February 8,
        2013, KPNZ's representative confirmed that there were no EAS records
        to provide.

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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    7. This Notice shall be sent to KRCA License, LLC,  at its address of

    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 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