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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Warren Broadcasting, Inc. )
FileNo. EB-04-KC-069 Broadcast Station KXLQ AM )
NOV No. V20043256007
Indianola, Iowa )
NOTICE OF VIOLATION
Released: June 4,
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
Warren Broadcasting, Inc..
2. On May 12, 2004, an agent of the Commission's Kansas
City Office inspected AM Broadcast radio station KXLQ,
licensed to Indianola, Iowa and observed the following
violations:
2.a. 47 C.F.R. § 11.15: All stations are to
maintain an EAS Operating Handbook. The
handbook is to be available at All EAS control
points.
At the time of inspection no EAS 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, only one EAS source,
WHO-AM, was being monitored and the station
logs reflected receiving only one source. Only
three weeks of EAS logs were available at the
time of inspection.
2.c. 47 C.F.R. § 11.61(a)(1)(v): ``Tests of EAS
procedures...Required Monthly Tests:...must be
transmitted within 60 minutes of receipt.
At the time of inspection no records were found
to indicate that a required monthly EAS test
had been retransmitted and only one record,
dated 5/05/04, that a monthly EAS test had been
received from WHO-AM.
2.d. 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...''
At the time of inspection weekly EAS tests were
only logged during the period 4/19/04 to
5/12/04. No other tests were found for the two
years as required. With the response to this
notice provide a reason why records of weekly
EAS test received or transmitted were not
available as required.
2.e. 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 only three weeks
of EAS logs were available from 4/19/04 to
5/12/04. The station logs did not indicate why
EAS tests had not been received or sent. The
logs also did not indicate why the station was
only monitoring one source instead of the
required two sources. With this response
provide why this station was not monitoring the
secondary source of EAS tests and also why EAS
tests were not logged as required.
2.f. 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.
2.g. 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 9/30/03. As part of the response to
this notice, provide a copy of the fourth
quarter of 2003 and a copy of the first quarter
of 2004 issues/programs list.
2.h. 47 C.F.R. § 73.1840(a): Any log required to be
kept by station licensees shall be retained by
them for a period of 2 years.
At the time of inspection only three weeks of
EAS logs were available from 4/19/04 to
5/12/04.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Warren 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 Warren Broadcasting, Inc.,
PO Box 228, Pella, IA 50219.
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.