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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Voice Ministries of Farmington, Inc. ) File No. EB-FIELDWR-13-00012407

   Licensee of Station KLJH(FM) ) NOV No. V201432940018


   Bayfield, Colorado  ) Facility ID No.: 78212

                              NOTICE OF VIOLATION

   Released:   January 9, 2014

   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 Voice Ministries of Farmington,
       Inc. (Voice Ministries), licensee of radio station KLJH(FM) in
       Farmington, 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 18, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected radio station KLJH(FM)'s main studio located at
       Farmington, NM, and observed the following violations:

    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 weekly and monthly tests were not
       received. The station logs failed to show explanations by the Chief
       Operator for why these tests were not received and retransmitted.

    b. 47 C.F.R . S 11.52(d)(1): "With respect to monitoring for EAS messages
       that are formatted in accordance with the EAS Protocol, 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 and FCC Mapbook." On the day of
       inspection, KLJH's EAS equipment was not monitoring the correct
       monitoring assignments for the Bayfield, Colorado area.

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