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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-FIELDSCR-14-00014684

   )

   Tejas Broadcasting LTD., LLP ) NOV No.: V201432500022

   Licensee of Station KTNZ (AM) )

   ) Facility ID: 31462

   Amarillo, Texas )

   )

   )

                              NOTICE OF VIOLATION

   Released: May 1, 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 Tejas Broadcasting LTD., LLP,
       licensee of Station KTNZ (AM) in Amarillo, 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 18, 2014, an agent of the Enforcement Bureau's Dallas Office
       inspected Station KTNZ (AM) located at Amarillo, Texas, and observed
       the following violation(s):

     a. 47 C.F.R. S 73.1560(d): "In the event it becomes technically
        impossible to operate at authorized power, a broadcast station may
        operate at reduced power for a period of not more than 30 days
        without specific authority from the FCC. If operation at reduced
        power will exceed 10 consecutive days, notification must be made to
        the FCC in Washington, DC. ... If causes beyond the control of the
        licensee prevent restoration of the authorized power within 30 days,
        a request for Special Temporary Authority (see S 73.1635) must be
        made to the FCC in Washington, DC for additional time as may be
        necessary." Station KTNZ (AM) is authorized to operate with daytime
        power of 5 kW. At the time of inspection, Station KTNZ (AM) was
        operating at 1.3 kW. The station's Chief Engineer stated that Station
        KTNZ (AM) had been operating at less than authorized power since
        January 2014.  [1][Author ID1: at Thu Apr 24 13:29:00 2014 ]There was
        no record that Tejas Broadcasting LTD., LLP had notified the FCC
        regarding its underpower operations.

     b. 47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times,
        or with modes or power, other than those specified and made a part of
        the license, unless otherwise provided in this part." On March 17,
        2014, an agent of the Dallas Office monitored Station KTNZ (AM) and
        observed that the Station did not change from day to night patterns
        after sunset.

     c. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
        station log as required by S 73.1820. This log shall be kept by
        station employees competent to do so, having actual knowledge of the
        facts required. All entries, whether required or not by the
        provisions of this part, must accurately reflect the station
        operation. Any employee making a log entry shall sign the log,
        thereby attesting to the fact that the entry, or any correction or
        addition made thereto, is an accurate representation of what
        transpired." At the time of the inspection, Station KTNZ (AM) was
        unable to produce a station log for KTNZ (AM).

    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, Tejas Broadcasting LTD., LLP 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 Tejas
       Broadcasting LTD., LLP to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Tejas Broadcasting LTD., LLP with personal
       knowledge of the representations provided in Tejas Broadcasting LTD.,
       LLP'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 Tejas Broadcasting LTD., LLP at its
       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).

   ^ 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

   3

                       Federal Communications Commission

References

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