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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lake Powell Communications, Inc. )
Licensee of Radio Station KPGE ) File Nos. EB-07-SD-025
Facility ID # 36349 ) EB-07-SD-026
)
Radio Station KXAZ ) NOV No. V20073294002
Facility ID # 36340 )
)
Page, Arizona )
)
NOTICE OF VIOLATION
Released: March 9, 2007
By the District Director, San Diego 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 Lake Powell Communications,
Inc.("Lake Powell"), licensee of radio stations KPGE and KXAZ in Page,
Arizona.
2. On February 7, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected KPGE and KXAZ, located at 97 7^th Avenue, Page, AZ
and observed the following violations:
a. 47 C.F.R. S 11.61(a): "Tests shall be made at regular intervals as
indicated in paragraphs (a)(1) and (a)(2) of this section. Additional
tests may be performed anytime. EAS activations and special tests may be
performed in lieu of required tests as specified in paragraph (a)(4) of
this section. All tests will conform with the procedures in the EAS
Operating Handbook." At the time of inspection, the EAS records for KPGE
and KXAZ did not show any evidence of the receipt of required tests from
December 31, 2006 through February 3, 2007, and the transmission of
required tests from January 7, 2007 through February 3, 2007.
b. 47 C.F.R. S 11.35(a): "Broadcast stations and cable systems and
wireless cable systems are responsible for ensuring that EAS Decorders and
Attention Signal generating and receiving equipment used as part of the
EAS are installed so that the monitoring and transmitting functions are
available during the times the stations and systems are in operation.
Additionally, broadcast stations must determine the cause of any failure
to receive the required tests or activations specified in S11.61(a)(1) and
(a)(2). Appropriate entries must be made in the broadcast station log as
specified in SS 73.1820 and 73.1840 of this chapter, [...]. Broadcast
radio stations records must indicate why tests were not received." There
were no indications in the stations' EAS records to indicate what may have
caused the failure to receive or transmit the weekly or monthly tests or
what was done to remedy this matter. Specifically, there were no records
for the required weekly tests (RWTs) received from the designated local
primary stations from December 31, 2006 through February 3, 2007, and no
record that RWTs had been sent by KPGE and KXAZ from January 7 through
February 3, 2007. In addition, there was no record that the required
monthly test had been received or transmitted for the month of January
2007.
c. 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 for KPGE and KXAZ.
d. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM 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. The list shall include a brief narrative
describing what issues were given significant treatment. The
description of the programs shall include, but shall not be limited to
the time, date, duration, and the title of each program in which the
issue was treated." The issues/program lists for KPGE AND KXAZ were
not drafted in a format that provided all the information as required
by this rule section.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Lake Powell, 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 taken to correct each
violation, preclude recurrence, and should include a time line for
completion of pending corrective actions.
4. The response must be complete in itself and signed by a principal or
officer of Lake Powell. 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 Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
5. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Lake Powell Communications, Inc., at its
address of record.
6. 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
William R. Zears Jr.
District Director
San Diego 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