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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Liberman Broadcasting of Dallas License Corp. )
File No. EB-04-DL-246 )
Licensee of KNOR(FM) - Krum, TX )
Facility ID #36289 ) NOV No. V20053250002
)
Burbank, California )
NOTICE OF VIOLATION
Released: October
29, 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 Liberman
Broadcasting of Dallas License Corp., licensee of station
KNOR(FM) authorized to serve the community of Krum, Texas.
2. During various times on September 22, 27, 28 and 29,
2004, agents of the Commission's Dallas Office monitored FM
broadcast station KNOR (93.7 MHz) and noted the following
violations:
2)a. 47 C.F.R. § 73.1201(b)(1): ``Official station
identification shall consist of the station's call
letters immediately followed by the community or
communities specified in its license as the station's
location; Provided, That the name of the licensee or the
station's frequency or channel number, or both, as stated
on the station's license may be inserted between the call
letters and station location. No other insertion is
permissible.'' All station identifications noted (which
included the call sign ``KNOR'') during monitoring by
agents of the FCC Dallas Office consisted of: ``This is
who we are KNOR from Dallas Fort Worth Party Ninety-three
Seven . . . and this is what we play.'' Liberman
Broadcasting of Dallas License Corp., licensee of Station
KNOR, failed to make required station identification
announcements which included KNOR's community of license
(Krum, Texas).
2)b. 47 C.F.R. § 73.1201(a)(2): ``Broadcast station
identification announcements shall be made: . . . (2)
Hourly, as close to the hour as feasible, at a natural
break in program offerings.'' At times of natural breaks
in program offerings closest to the hour, Station KNOR
broadcast identification consisting only of ``Party
Ninety-three Seven.'' Liberman Broadcasting of Dallas
License Corp., licensee of Station KNOR, failed to
transmit official station identification as close to the
hour as feasible during natural breaks in program
offerings.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Liberman Broadcasting of Dallas License Corp. must submit a
written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each of
the above listed violations and must contain a statement of the
specific action(s) taken to correct each violation and preclude
recurrence. The response must be complete in itself and signed
by a principal, officer or director of Liberman Broadcasting of
Dallas License Corp. 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 Liberman Broadcasting of
Dallas License Corp., Radio Station KNOR, 1845 Empire Ave.,
Burbank, CA 91504. Additionally, a copy of this Notice shall be
sent to Liberman Broadcasting of Dallas License Corp., c/o Radio
Station KNOR, 4201 Pool Road, Colleyville, TX 76034.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
LRB
_________________________
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