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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Black Hills State University ) File No. EB-06-DV-232
Licensee of Radio Station KBHU-FM )
Facility ID # 5472 ) NOV No. V20063280017
Spearfish, South Dakota )
)
)
NOTICE OF VIOLATION
Released: August 2, 2006
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Black Hills State University,
licensee of radio station KBHU-FM in Spearfish, South Dakota.
2. On May 18, 2006, an agent of the Enforcement Bureau's Denver Office
inspected station KBHU-FM located in Spearfish, South Dakota, and
observed the following violations concerning KHBU-FM's public
inspection file:
a. 47 C.F.R. S 73.3527(e)(3): "A copy of any service contour maps,
submitted with any application tendered for filing with the FCC,
together with any other information in the application showing
service contours and/or main studio and transmitter location (State,
county, city, street address, or other identifying information)." At
the time of inspection, KBHU-FM's public file contained no contour
maps.
b. 47 C.F.R. S 73.3527(e)(4): "A copy of the most recent, complete
ownership report filed with the FCC for the station, together with
any subsequent statement filed with the FCC certifying that the
current report is accurate, and together with all related material."
At the time of inspection, KBHU-FM's public file contained no
ownership reports.
c. 47 C.F.R. S 73.3527(e)(8): "For non-exempt noncommercial educational
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." At the time of inspection,
KBHU-FM's public file did not contain complete issues/programs lists.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Black Hills State
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. 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
Denver Office
215 Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Black Hills State University at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission