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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   KBPC, LLC ) File No.:   EB-FIELDSCR-14-00014703

   Licensee of Station KBPC-FM )

   ) NOV No.:  V201432500021

   Crocket, Texas )  Facility ID:  3526

                              NOTICE OF VIOLATION

   Released: April 4, 2014

   By the District Director, Dallas  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 KBPC, LLC,  licensee of Station
       KBPC-FM  in Crocket, 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 March 25, 2014, agents of the Enforcement Bureau's Dallas Office
       interviewed  the manager at Station KBPC-FM  in Crocket, Texas, and
       observed the following violation(s):

     a. 47 C.F.R. S 73.1125(a):  "...each AM, FM and TV broadcast station
        shall maintain a main studio at one of the following locations: (1)
        Within the station's community of license; (2) At any location within
        the principal community contour of any AM, FM, or TV broadcast
        station licensed to the station's community of license; (3) Within
        twenty-five miles from the reference coordinates of the center of its
        community of license... "  The Commission has interpreted Section
        73.1125 (also known as the Main Studio Rule) to require the station
        to "equip the main studio with production and transmission facilities
        that meet applicable standards, maintain continuous program
        transmission capability, and maintain a meaningful management and
        staff presence."^ Specifically, the Commission has found that a main
        studio "must, at a minimum, maintain full-time managerial and
        full-time staff personnel."^  On March 25, 2014, the station manager
        told the agents that Station KPBC-FM lost its lease for its main
        studio over a year ago and admitted that its main studio was
        currently housed in its unattended transmitter site. In order to
        inspect the "main studio," agents had to schedule an appointment.

    3. 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, KBPC, 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 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.^

    4. In accordance with Section 1.16 of the Rules, we direct KBPC, 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
       KBPC, LLC  with personal knowledge of the representations provided in
       KBPC, 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.^

    5. 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

    6. This Notice shall be sent to KBPC, LLC at the address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   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).

   ^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
   (1988) (Main Studio and Program Origination Rules), erratum issued, 3 FCC
   Rcd 5717 (1988) (correcting language in n.29).

   ^ See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 3615, 3616 & n.2 (1991)  (noting that, "This is not to
   say that the same staff person and manager must be assigned full-time to
   the main studio. Rather, there must be management and staff presence on a
   full-time basis during normal business hours to be considered
   `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992)  (Jones Eastern II). See
   also [1]Birach Broadcasting Corporation, Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 2635 (Enf. Bur. 2010).

   ^ 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

   2

                       Federal Communications Commission

References

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