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 )
)
Hull Broadcasting, Inc. ) File No. EB-04-KC-
053
FM Broadcast Station KBGL ) NOV No.
V20043256003
Larned, Kansas )
)
NOTICE OF VIOLATION
Released: April 16,
2004
By the District Director, Kansas City Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Hull
Broadcasting, Inc.
2. On April 8, 2004, an agent of the Commission's Kansas
City Office inspected FM Broadcast radio station KBGL,
located at Larned, Kansas and observed the following
violations:
a. 47 C.F.R. § 11.35(a): Broadcast stations are
responsible for ensuring that EAS encoders, EAS
Decoders and Attentions 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 are in operation.
At the time of inspection station KBGL, owned by
Hull Broadcasting, Inc was co-located in combined
studio facilities with three stations owned by
Eagle Radio, Inc. All four stations utilized a
single EAS unit, owned by Eagle Radio, Inc. for
both receiving and transmitting EAS activations.
According to 47 C.F.R. § 11.51(j): Broadcast
stations that are co-owned and co-located with a
combined studio or control facility, may provide
the EAS transmitting requirements contained in
this section for the combined stations. Since
KBGL is not co-owned, then Hull Broadcasting, Inc.
is required to maintain their own EAS equipment.
b. 47 C.F.R. §73.3526(e)(12): Commercial broadcast
stations, are to compile and file every three
months a list of programs that have provided the
station's most significant treatment of community
issues during the preceding three month period.
The list for each calendar quarter is to be filed
by the tenth day of the succeeding calendar
quarter. The list shall include a brief narrative
describing what issues were given significant
treatment and the programming that provided this
treatment. The description of the programs shall
include, but shall not be limited to, the time,
date, duration, and title of the program in which
the issue was treated.
At the time of inspection the last issues-programs
listing found in the public file for KBGL was
dated October 23, 2001.
c. 47 C.F.R. §73.3526(e)(14): For commercial radio
and television stations, a copy of every agreement
or contract involving time brokerage of the
licensee's station or of another station by the
licensee, whether the agreement involves stations
in the same markets or in differing markets, with
confidential or proprietary information redacted
where appropriate, is to be place in the public
file of the station.
At the time of inspection Hull Broadcasting, Inc.
had a current agreement with Eagle Radio, Inc.
(Eagle) whereby Eagle was providing 100% of the
programming aired on KBGL. However, the agreement
was not found upon inspection of the public file
for KBGL. The document was faxed to the station
after the FCC inspector brought this to the
attention of the station's general manager. The
licensee shall provide a copy of that agreement as
part of the response to this item.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Hull Broadcasting, Inc., 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
Kansas City Office
520 NE Colbern Road
Second Floor
Lee's Summit, MO. 64086-4711
4. This Notice shall be sent to Hull Broadcasting, Inc.,
P.O. Box 6, Hays, KS 67601.
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
Ronald D. Ramage
Senior Agent
FCC/EB/Kansas City 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.