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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Eastern New Mexico University ) File No. EB-07-DV-046
Licensee of Television Station KENW )
Facility ID #18338 ) NOV No. V20073280022
Portales, New Mexico )
)
NOTICE OF VIOLATION
Released: February 22, 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 Eastern New Mexico University
("ENMU"), licensee of television station KENW in Portales, New Mexico.
2. On January 9, 2007, an agent of the Enforcement Bureau's Denver Office
inspected KENW located at 52 Broadcast Center, Portales, New Mexico,
and observed the following violation:
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, an agent observed that the station was not
monitoring the two EAS sources required by the New Mexico State Plan.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, ENMU 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 ENMU. 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 Eastern New Mexico 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