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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KHCA, Inc. )
FileNo. EB-04-KC-058 Broadcast Station KHCA FM )
NOV No. V20043256006
Wamego, Kansas )
)
NOTICE OF VIOLATION
Released: May 5,
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
KHCA, Inc..
2. On April 9, 2004, an agent of the Commission's Kansas
City Office inspected FM Broadcast radio station KHCA,
licensed to Wamego, Kansas and observed the following
violations:
2.a. 47 C.F.R. § 73.1230: The station license and
any other instrument of station authorization
shall be posted in a conspicuous place.
At the time of inspection no station
authorization was posted or found at the
station. The public file inspected at the
public library did have a copy of the station
authorization with expiration date of June 1,
1997. No renewal card was found.
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, only one EAS source,
WIBW-FM, was being monitored and the station
logs reflected receiving only one source. Logs
from 12/28/03 through 4/10/04 were reviewed.
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...''
The station's EAS logs indicated that a weekly
EAS test had not been received for the week of
February 22, 2004 through February 28, 2004.
No record of a weekly EAS test being sent for
the week of March 21, 2004 through March 27,
2004. Additionally, the station is only
monitoring one source and no reason was given
as to why the secondary source was not
receiving EAS tests.
2.d. 47 C.F.R. § 11.35(a): Broadcast stations must
determine the cause of any failure to receive
the required EAS tests.
At the time of the inspection the station logs
did not indicate why EAS tests had not been
sent or received. The logs also did not
indicate why the station was only monitoring
one source instead of the required two sources.
The station EAS logs that were reviewed at the
time of the inspection were from 12/28/03
through 4/10/04.
2.e. 47 C.F.R. § 73.3526(b): The public inspection
file shall be maintained at the main studio of
the station.
At the time of inspection the public file was
not maintained at the main studio. The public
file was located at the Wamego Kansas Public
Library and was not up to date. The latest
item placed in the public file was the
issues/programs list for the first quarter of
1997 which was dated March 26, 1997.
2.f. 47 C.F.R. § 73.3526(e)(1): The public
inspection file shall contain a copy of the
current FCC authorization to operate the
station, as well as any other documents
necessary to reflect any modifications thereto
or any conditions that the FCC has placed on
the authorization.
FCC inspector went to the Wamego Kansas Public
Library to inspect the contents of the public
file. A copy of the station authorization was
located, with expiration of June 1, 1997. No
renewal card was found.
2.g. 47 C.F.R. § 73.3526(e)(2): The public
inspection file shall contain a copy of any
application tendered for filing with the FCC,
together with all related material, and copies
of Initial Decisions and Final Decisions in
hearing cases pertaining thereto.
At the time of the inspection of the public
file did not contain a copy of the license
renewal application filed with the FCC. A
draft copy of the license renewal application
to be filed with FCC marked ``DRAFT COPY'',
dated 9/13/1993, was found in the file.
2.h. 47 C.F.R. § 73.3526(e)(5): A copy of the most
recent, complete ownership report filed with
the FCC for the station, together with any
statements filed with the FCC certifying that
the current report is accurate, and together
with all related material. These materials
shall be retained until a new, complete
ownership report is filed with the FCC, at
which time a copy of the new report and any
related materials shall be placed in the file.
At the time of the inspection of the public
file a current copy of the Ownership Report was
not found in the file. The last dated
Ownership Report found was dated 2/01/93. As
part of the response to this notice, the
licensee shall provide a copy of the current
Ownership Report.
2.i. 47 C.F.R. § 73.3526(e)(8): The public
inspection file shall contain at all times, a
copy of the most recent version of the manual
entitled ``The Public and Broadcasting.''
At the time of the inspection of the public
file no copy of the ``The Public and
Broadcasting'' manual was found.
2.j. 47 C.F.R. § 73.3526(e)(12): The public
inspection file shall contain for commercial FM
broadcast stations, 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 (e.g., January 10 for the quarter
October¾December, April 10 for the Quarter
January¾March, etc.).
At the time of the inspection of the public
file no current issues/programs list was found.
The last issues/programs list found in the file
was dated 3/26/1997. As part of the response
to this notice, a copy of the first quarter of
2004 issues/programs list shall be provided.
2.k. 47 C.F.R. § 73.1350(c): The licensee must
establish monitoring procedures and schedules
for the station.
The station did not have monitoring procedures
or schedules established.
2.l. 47 C.F.R. § 73.1350(c)(2): Monitoring
equipment must be periodically calibrated so as
to provide reliable indications of transmitter
operating parameters with a known degree of
accuracy.
At the time of inspection calibration
procedures and schedules had not been
established.
2.m. 47 C.F.R. § 73.1870(b)(3): The designation of
the chief operator must be in writing with a
copy of the designation posted with the station
license.
At the time of the inspection no letter was
posted or found to designate a person to serve
as the station's chief operator. Mr. Jerry
Hutchinson, president of the station, indicated
that Kevin Block is the chief operator.
2.n. 47 C.F.R. § 73.1870(c)(3): The chief operator
is responsible for review of the station
records at least once each week to determine if
required entries are being made correctly.
Additionally, verification must be made that
the station has been operated as required by
the rules or the station authorization. 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.
At the time of the inspection there was no
review of the station logs being conducted by
any operator. The station logs contained no
review dates or review signatures.
2.o. 47 C.F.R. § 73.1350(b)(2): The transmitter
control personnel must have the capability to
turn the transmitter off at all times.
At the time of inspection the station's remote
control system was not operational.
Transmitter control personnel were located in
Manhattan, KS. There, personnel did not have
the capability to turn the transmitter on or
off. Mr. Jerry Hutchinson, president of the
station was unable to recall how long the
remote control system had not been operational
other than it had not functioned for quite some
time.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, KHCA, 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 KHCA, Inc., 103 N. 3rd
Street, Manhattan, KS 66502.
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
Robert C. McKinney
District Director
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.