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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
R & M Broadcasting, Inc. ) File No. EB-05-OR-060
Licensee of Radio Station KJCB(AM) )
Facility ID # 54341 ) NOV No. V20053262008
Lafayette, Louisiana )
)
)
NOTICE OF VIOLATION
Released: August
25, 2005
By the District Director, New Orleans Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules
(``Rules''),1 to R & M Broadcasting, Inc., licensee of radio
station KJCB(AM).
2. On April 12, 2005, agents from the Commission's New
Orleans Office of the Enforcement Bureau inspected radio
station KJCB(AM) located at Lafayette, Louisiana, and
observed the following violations:
2.a. 47 C.F.R. § 11.35(a): ``Broadcast
stations and cable systems and wireless
cable systems 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.'' At the time of the
inspection, KJCB(AM)'s EAS system was
capable of monitoring only one of the two
assigned EAS sources.
2.b. 47 C.F.R. § 73.1820(a)(1)(iii): Entries
must be made in the station log, including
``an entry of each test and activation of
the Emergency Alert System (EAS) pursuant
to the requirement of part 11 of this
chapter and the EAS Operating Handbook.''
At the time of the inspection, there were
no entries for monthly or weekly EAS
tests.
c. 47 C. F. R. 73.3526(c)(1): The public
inspection file ``shall be available for
public inspection at any
time during regular business hours.''
Portions of the public inspection file
were not available, including letters and
e-mail comments from the public, and the
issues/ programs lists.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Rules, R & M
Broadcasting, Inc., must submit a written statement
concerning this matter within twenty (20) days of release of
this Notice. The response must fully explain each
violation, must contain a statement of the specific actions
taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending
corrective actions. The response must be complete in itself
and signed by a principal or officer of the licensee. 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
New Orleans Office
Room 460, 2424 Edenborn Avenue
New Orleans, Louisiana 70001
4. This Notice shall be sent to R & M Broadcasting, Inc.,
at its address of record.
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
James C. Hawkins
District Director
New Orleans District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.