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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-FIELDSCR-13-00009707


   SIGA Broadcasting Corporation ) NOV No.: V201332500068


   Licensee of Station KFJZ ) Facility ID: 23138


   Fort Worth, Texas )

                              NOTICE OF VIOLATION

   Released: August 19, 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 SIGA Broadcasting Corporation,
       licensee of AM Station KFJZ in Fort Worth, 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 August 5, 2013, an agent of the Enforcement Bureau's Dallas Office
       inspected  Station KFJZ's main studio  and transmitter site  in Fort
       Worth, TX, and observed the following violation(s):

     a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted [Emergency Alert System] 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 KFJZ did not have the required
        CAP-formatted EAS equipment installed.

     b. 47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times,
        or with modes or power, other than those specified and made a part of
        the license, unless otherwise provided in this part." On June 27,
        2013, agents monitored Station KFJZ and observed that the Station
        continued operation after sunset. Station KFJZ is authorized for
        daytime operations only.

     c. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for
        completion of the following duties . . . 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, there was
        no indication that the EAS logs were being reviewed by the chief

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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, TX 75243

    7. This Notice shall be sent to SIGA 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.


   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