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

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 )


   GAP Broadcasting, LLC ) File No.: EB-FIELDSCR-13-00010267


   Licensee of Station KTIB-AM ) NOV No.: V201332620025


   Thibodaux, LA ) Facility ID: 36183


                              NOTICE OF VIOLATION

   Released: August 20, 2013

   By the Deputy Regional Director, New Orleans 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 GAP Broadcasting, LLC, licensee
       of AM Station KTIB in Thibodaux, Louisiana. 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 July 31, 2013, an agent of the Enforcement Bureau's New Orleans
       Office inspected Station KTIB located at 108 Green St., Thibodaux, LA,
       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 and Attention Signal generating and
        receiving equipment used as part of the EAS are installed so that the
        monitoring and transmitting functions are available during the times
        the stations are in operation." At the time of the inspection,
        Station KTIB was not monitoring any stations and was unable to
        receive any EAS tests or alerts. Accordingly, the Station's EAS
        equipment was not fully operational.

     b. 47 C.F.R. S 11.52(d)(2): "Emergency Alert System (EAS) participants
        must comply with the following monitoring requirement: With respect
        to monitoring EAS messages formatted in accordance with the
        specifications set forth in S 11.56(a)(2), EAS Participants' EAS
        equipment must interface with the Federal Emergency Management
        Agency's Integrated Public Alert and Warning System (IPAWS) to enable
        ... the distribution of Common Alert Protocol (CAP)-formatted alert
        messages from the IPAWS system to EAS Participants' EAS equipment."
        At the time of inspection, KTIB's EAS equipment, a Sage EAS Endec
        Model 1822, did not have an interface with the Federal Emergency
        Management Agency's IPAWS.

     c. 47 C.F.R. S 73.1820(a)(1)(C)(iii): "Entries must be made in the
        station log either manually by a person designated by the licensee
        who is in actual charge of the transmitting apparatus, or by
        automatic devices meeting the requirements of paragraph (b) of this
        section. Indications of operating parameters.... The actual time of
        observation must be included in each log entry. The following
        information must be entered: An entry of each test and activation of
        the 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 a part of the station log." At the time of
        inspection, Station KTIB could not produce EAS logs for the past six

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

   New Orleans Office

   2424 Edenborn Ave.

   Suite 460

   Metairie, LA 70001

    7. This Notice shall be sent to GAP Broadcasting, 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.


   Loyd Perry

   Deputy Regional Director

   New Orleans 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