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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Howard Payne University ) File No. EB-04-DL-046
)
Licensee of KHPU )
Facility ID #78801 ) NOV No. V20043250005
)
Brownwood, Texas )
NOTICE OF VIOLATION
Released: June 14,
2004
By the District Director, Dallas Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Howard
Payne University, licensee of FM Educational Broadcast station
KHPU in Brownwood, Texas.
2. On February 18, 2004, an agent of the Commission's
Dallas Office inspected radio station KHPU, licensed to serve
Brownwood, Texas, 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.'' No entries
were made in KHPU's station logs to indicate why records
were absent in the logs for the reception of the required
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, only one of the three EAS
receivers in the system was properly functioning.
2)c. 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...'' On February 18, 2004,
a review of the EAS logs indicated there were repetitive
violations which continued through the time of the
inspection with no apparent corrective action.
2)d. 47 C.F.R. § 73.3527(c)(1): The station's public
inspection file shall be available for public inspection
at any time during regular business hours. On February
18, 2004, the following required items of the public file
were not available for inspection: Current copy of Public
and Broadcasting, List of Donors supporting specific
programs and Issues / Programs lists.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Howard Payne University, 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 Howard Payne University,
1000 Fisk Avenue, Brownwood, Texas 76801.
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