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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Intermountain Broadcasting Company ) File No. EB-03-
DT-1248
Licensee of Radio Station WJSN-FM )
Facility ID # 28905 ) NOV No. V20043236007
Jackson, KY )
NOTICE OF VIOLATION
Released: January
6, 2004
By the District Director, Detroit Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Intermountain Broadcasting Company, licensee of radio
station WJSN-FM (``WJSN'').
2. On December 19, 2003, an agent of the Commission's
Detroit Office inspected radio station WJSN located at
Jackson, Kentucky, and observed the following violation(s):
2.a. 47 C.F.R. § 11.15: ``The EAS Operating Handbook
states in summary form the actions to be taken
by personnel at broadcast stations...A copy of
the Handbook must be located at normal duty
positions or EAS equipment locations when an
operator is required to be on duty and be
immediately available to staff responsible for
authenticating messages and initiating
actions.'' At the time of inspection, no EAS
Operating Handbook was available.
2.b. 47 C.F.R. § 11.52(d): ``Broadcast stations ...
must monitor two EAS sources. The monitoring
assignments of each broadcast station ... are
specified in the State EAS Plan and FCC
Mapbook. They are also developed in accordance
with FCC monitoring priorities...'' At the
time of inspection, one EAS source was being
monitored.
2.c. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS
procedures...Required Weekly Tests:...AM, FM
and TV stations must conduct tests...at least
once each week and at random days and
times...'' During the six week period from
November 2, 2003 to December 13, 2003, only two
EAS tests were sent.
2.d. 47 C.F.R. § 73.3526(e)(5): ``Contents of the
file. The material required to be retained in
the public inspection file is as
follows:...Ownership reports and related
materials. A copy of the most recent, complete
ownership report filed with the FCC for the
station...'' At the time of inspection, no
ownership reports were in the public inspection
file.
2.e. 47 C.F.R. § 73.3526(e)(6): ``Contents of the
file. The material required to be retained in
the public inspection file is as
follows:...Political File. Such records as are
required by § 73.1943 to be kept concerning
broadcasts by candidates for public office.
These records shall be retained for the period
specified in § 73.1943 (2 years).'' (See
attached). At the time of inspection, no
political file was in the public inspection
file.
2.f. 47 C.F.R. § 73.3526(e)(8): ``Contents of the
file. The material required to be retained in
the public inspection file is as follows:...The
public and broadcasting. At all times, a copy
of the most recent version of the manual
entitled ``The Public and Broadcasting.'' At
the time of inspection, there was no copy of
``The Public and Broadcasting'' in the public
inspection file.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Intermountain Broadcasting Company, must submit a
written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain
each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
4. This Notice shall be sent to Intermountain Broadcasting
Company, Radio Station WJSN-FM, 1501 Hargis Lane, Jackson,
KY 41339.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Office
Attachment
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.