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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cumulus Licensing, LLC ) File No. EB-07-DV-013
Licensee of Radio Station KKNN )
Facility ID # 47114 ) NOV No. V20073280016
Delta, Colorado )
)
NOTICE OF VIOLATION
Released: February 14, 2007
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 Cumulus Licensing, LLC ("Cumulus"),
licensee of radio station KKNN in Delta, Colorado.
2. On January 3, 2007, agents of the Enforcement Bureau's Denver Office
inspected KKNN, located at 315 Kennedy Avenue, Grand Junction,
Colorado, and observed the following violations:
a. 47 C.F.R. S 11.52(d): "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook." At
the time of inspection, KKNN was monitoring only one of the assigned
EAS sources.
b. 47 C.F.R. S 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
codes, Attention Signal, Test Script and EOM code...must be
transmitted within 60 minutes of receipt by broadcast stations and
cable systems and wireless cable systems in an EAS Local Area or
State." At the time of the inspection, KKNN's logs did not show any
entries of the required monthly tests (RMT) being received/sent for
October and December 2006.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Cumulus 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 Cumulus.
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 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Cumulus Licensing, LLC, 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