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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   DFW Broadcasting, Inc. ) File No.: EB-FIELDSCR-13-00006934

   Licensee of Station KZFW-LP ) NOV No.: V201332500041

   ) Facility ID: 5316

   Dallas, Texas  )


                              NOTICE OF VIOLATION

   Released: March 25, 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 DFW Broadcasting, Inc., licensee
       of Low Power TV Station KZFW-LP in Dallas, 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 20, 2013, an agent of the Enforcement Bureau's Dallas
       Office inspected the transmitter site and the station record file for
       Station KZFW-LP, located in Dallas, Texas, and observed the following

     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...." At the time of the
        inspection, DFW Broadcasting, Inc. did not have any EAS (Emergency
        Alert System) equipment installed for Station KZFW-LP and did not
        have any EAS logs.

     b. 47 C.F.R. S 74.750(d)(2): "Low power TV, TV translator and
        transmitting equipment using a modulation process for either program
        origination or rebroadcasting TV booster transmitting equipment using
        a modulation process must meet the following requirements: . . . (2)
        The stability of the equipment shall be sufficient to maintain the
        operating frequency of the aural carrier to 4.5 MHz+-1kHz above the
        visual carrier when subjected to variations in ambient temperature
        between 30-oand + 50-o centigrade and variations in power main
        voltage between 85 and 115 percent of rated power supply voltage." At
        the time of inspection, Station KZFW-LP was not transmitting a visual
        carrier. The low power television station was only transmitting

     c. 47 C.F.R. S 74.765(a): "The station license and any other instrument
        of authorization or individual order concerning the construction of
        the station or manner of operation shall be kept in the station
        record file so as to be available for inspection upon request of
        authorized representatives of the FCC." At the time of the
        inspection, no station license renewal authorization was found in the
        station record file.

     d. 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.

     e. 47 C.F.R. S 74.769: "The licensee or permittee of a station
        authorized under this subpart shall have a current copy of Volume I
        and Volume III of the Commission's Rules. Each such licensee or
        permittee shall be familiar with those rules relating to stations
        authorized under this subpart. Copies of the Commission's rules may
        be obtained from the Superintendent of Documents, Government Printing
        Office, Washington, DC 20402." At the time of the inspection, the
        licensee did not have a copy of the Rules. The licensee appeared to
        be unfamiliar with the rules relating to Station KZFW-LP.

    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, DFW Broadcasting, 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.^

    5. In accordance with Section 1.16 of the Rules, we direct  DFW
       Broadcasting, 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 DFW Broadcasting, Inc. with personal
       knowledge of the representations provided in DFW Broadcasting, 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.^

    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, Texas 75243

    7. This Notice shall be sent to DFW Broadcasting, Inc. 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.


   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