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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
First Broadcasting of Nevada, Inc. ) File No. EB-06-SF-229
Licensee of Radio Station KXTO )
Facility ID # 21530 ) NOV No. V20073296004
Reno, Nevada )
)
NOTICE OF VIOLATION
Released: December 11, 2006
By the District Director, San Francisco District 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 First Broadcasting of Nevada, Inc.,
licensee of radio station KXTO, in Reno, Nevada.
2. On September 15, 2006, an agent of the Enforcement Bureau's San
Francisco Office inspected radio station KXTO located at 2580 Wrondel,
Reno, Nevada, and observed the following violations:
a. 47 C.F.R., S 73.3526(e)(1) "A copy of the current FCC authorization
to construct or operate the station, as well as any other documents
to reflect any modifications thereto or any conditions that the FCC
has placed on the authorization. These materials shall be retained
until replaced by a new authorization [...]." At the time of
inspection, the public file did not contain a copy of the station's
current authorization.
b. 47 C.F.R. S 73.3526 (e)(5) "Ownership reports and related materials.
A copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related material shall be placed in the
file." At the time of inspection, the public file did not contain a
copy of the most recent ownership report.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, First Broadcasting of
Nevada, Inc., 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
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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to First Broadcasting of Nevada, Inc., 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
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
cc: Jose Pacheco
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