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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
EICB-TV, LLC. ) File No. EB-02-DL-530
)
Licensee of KUOT-CA in Oklahoma City, OK )
Facility ID #31368 ) NOV No. V20043250001
)
Cedar Hill, Texas )
NOTICE OF VIOLATION
Released: April 8,
2004
By the District Director, Dallas Office, Enforcement Bureau:
1. On is a Notice of Violation ("Notice") issued pursuant
to Section 1.89 of the Commission's Rules,1 to EICB-TV, LLC,
licensee of station KUOT-CA in Oklahoma City, OK.
2. On August 18, 2003, an agent of the Commission's Dallas
Office inspected television station KUOT-CA, licensed to Oklahoma
City, Oklahoma, and observed the following violations:
2)a. 47 C.F.R. § 11.35(a): ``Equipment operational
readiness...Broadcast stations...are responsible for
ensuring that EAS Encoders, EAS Decoders and Attention
Signal generating and receiving equipment used as part of
the EAS are installed so that the monitoring and
transmitting functions are available during the times the
stations and systems are in operation. Additionally,
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 ... indicating
reasons why any tests were not received.'' There were no
entries made in the station logs indicating why records
of reception of EAS tests were absent in the logs for the
second monitored source.
2)b. 47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems and wireless cable systems 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. They are
developed in accordance with FCC monitoring priorities.''
At the time of the inspection the audio level from the
second receiver was too low to be monitored.
2)c. 47 C.F.R. § 73.1125(c): ``Each Class A television
station shall maintain a main studio at a location within
the station's predicted Grade B contour, as defined in §
73.683 and calculated using the method specified in §
73.684. With respect to a group of commonly controlled
stations, Class A stations whose predicted Grade B
contours are physically contiguous to each other may
locate their main studio within any of these contours. If
a Class A station is one of a group of commonly
controlled Class A stations, but its predicted Grade B
contour is not physically contiguous to that of another
Class A station in the commonly owned group, its main
studio shall be located within its own predicted Grade B
contour. Alternatively, a Class A television station
shall maintain a main studio at the site used by the
station as of November 29, 1999.'' At the time of the
inspection the contour map at the station was not based
on the station's licensed ERP and an estimation of the
Grade B contour in the direction of the studio indicates
the studio is outside of the contour.
2)d. 47 C.F.R. § 73.1545(c): ``TV stations. The
departure of the visual carrier frequency of a TV station
may not exceed ±1000 Hz from the assigned visual carrier
frequency.'' At the time of the inspection the visual
carrier frequency was 6300 Hz below the assigned
frequency.
2)e. 47 C.F.R. § 73.1820(a)(1)(iii): ``Station Log.
Entries must be made in the station log...An entry of
each test and activation of the Emergency Alert System
(EAS)...'' During the period from August 24, 2002 to
April 2, 2003, there were no logs available.
2)f. 47 C.F.R. § 73.1870(c)(3): ``Chief
operators...The chief operator is responsible for
completion of the following duties specified in this
paragraph below. When the duties are delegated to other
persons, the chief operator shall maintain supervisory
oversight sufficient to know that each requirement has
been fulfilled in a timely and correct manner...Review of
the station records at least once each week to determine
if required entries are being made correctly...Upon
completion of the review, the chief operator or his
designee must date and sign the log, initiate any
corrective action which may be necessary, and advise the
station licensee of any condition which is
repetitive...'' A review of the available logs indicated
there were repetitive violations which continued through
the time of the inspection with no apparent corrective
action.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
EICB-TV, LLC, 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional penalties,
including monetary forfeiture.
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
your 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
6. This Notice shall be sent to EICB-TV, LLC, 406 Copeland
Drive, Cedar Hill, Texas 75104.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
RED
_________________________
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