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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail # 7001 2510 0007 6500 2152
Return Receipt Requested
In the Matter of )
)
KMTX, LLC ) File No. EB-05-ST-
480
Licensee of Radio Station KMTX(AM) )
Facility ID # 8669 ) NOV No.
V20053298010
Helena, Montana )
)
)
NOTICE OF VIOLATION
Released: August
25, 2005
By the Acting District Director, Seattle Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
KMTX, LLC ("KMTX"), licensee of radio station KMTX(AM).
2. On July 7, 2005, agents of the Commission's Seattle
Office inspected radio station KMTX(AM) located in Helena,
Montana and observed the following violation:
2.a. 47 C.F.R. § 11.61(a): Emergency alert system
(``EAS'') ``[t]ests shall be made at regular
intervals . . . [including] Required Monthly
Tests of the EAS header codes, Attention
Signal, Test Script and End of Message code.''
At the time of inspection, the station had no
record of any Required Monthly Test
transmissions after December 2004.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, KMTX 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 KMTX, LLC. 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
Seattle Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034
4. This Notice shall be sent by Certified Mail/Return
Receipt Requested and regular mail to KMTX, LLC, 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
Steven C. Houser
Acting District Director
Seattle Office
Western 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.