Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dan Etulain ) File No. EB-03-AN-
066
Licensee of Television Station KSCT-LP )
Facility ID #15348 ) NOV No. 20043278001
Sitka, Alaska )
)
NOTICE OF VIOLATION
Released: March 17, 2004
By the Anchorage Resident Agent Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Dan
Etulain, licensee of low power television station KSCT-LP.
2. On June 12, 2003, an agent of the Commission's
Anchorage Resident Agent Office inspected low power
television station KSCT-LP located at 520 Lake St., Sitka,
Alaska, and observed the following violation(s):
2.a. 47 C.F.R. § 11.35(a): ``Broadcast stations must
determine the cause of any failure to receive
the required tests or activations specified in
§ 11.61(a)(1) and (2). Appropriate entries must
be made in the broadcast station log as
specified in § 73.1820 and § 73.1840 of this
chapter.'' The agent did not locate log entries
stating the reason for the failure to receive
the required second monitoring source, LP-1
(KIFW) the weeks of March 9, March 23, March
30, April 12, April 20, May11, 2003. The agent
did not locate entries stating the reason for
the failure to receive the required two
monitoring sources the weeks of March 16 and
April 27, 2003.
2.b. 47 C.F.R. § 73.1800(b): ``The logs shall be
kept in an orderly and legible manner, in
suitable form and in such detail that the data
required for the particular class of station
concerned is readily available. The EAS log
presented to the agent were EAS printouts,
rolled up, taken directly off the printer. It
was difficult for the agent to easily locate
specific calendar dates, weekly/monthly test
receipts.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Dan Etulain must submit a written statement
concerning this matter within 20 days of release of this
Notice. The response must fully explain what procedures
have been instituted since the June 12, 2003 inspection to
ensure that appropriate EAS tests are received and logged.
The response must be complete in itself and signed by a
principal or officer of the licensee. 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
Anchorage Resident Agent Office
P.O. Box 221849
Anchorage, Alaska 99522-1849
4. This Notice shall be sent to Dan Etulain, 520 Lake St.,
Sitka, Alaska 99835.
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
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
_________________________
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.