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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Winton Radio Broadcasting Co., LLC ) File No. EB-FIELDWR-13-00012421

   Licensee of Station KPRT-FM ) NOV No. V201432940016


   Kirtland, New Mexico  ) Facility ID No.: 165985

                              NOTICE OF VIOLATION

   Released:   December 19, 2013

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Winton Radio Broadcasting Co.,
       LLC, (Winton Radio), licensee of radio station KPRT-FM in Kirtland,
       New Mexico. 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 herein.^

    2. On November 19, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected radio station KPRT-FM's main studio located at
       Farmington, NM, and observed the following violation:

     a. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        S11.61(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 SS73.1820 and 73.1840 of this chapter for all broadcast
        streams ...." At the time of the inspection, there were no entries
        explaining why the required monthly test was not received or
        transmitted for the month of September 2013. Also, there were no
        entries that explained why numerous required weekly tests were not
        received for the station's monitoring assignments. The station logs
        failed to show explanations by the Chief Operator for why these tests
        were not received and retransmitted.

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

   San Diego Office

   4542 Ruffner St., Rm. 370

   San Diego, CA 92111

    7. This Notice shall be sent to Winton Radio Broadcasting Co., LLC, 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 T. Lyon

   District Director

   San Diego 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