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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
127, Inc. ) File No. EB-07-KC-017
Licensee of Radio Station KLFJ )
Facility ID # 17137 ) NOV No. V20073256002
Springfield, Missouri )
)
)
NOTICE OF VIOLATION
Released: March 21, 2007
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to 127, Inc., licensee of radio station
KLFJ in Springfield, Missouri.
2. On February 16, 2007, agents of the Commission's Kansas City Office of
the Enforcement Bureau inspected radio station KLFJ located at
Springfield, Missouri, and observed the following violation(s):
a. 47 C.F.R. S 11.35(a): "... broadcast stations... must determine the
cause of any failure to receive the required tests or activations ...
Appropriate entries must be made in the broadcast station log ...
indicating reasons why any tests were not received." At the time of
inspection, the station logs contained no records of having received
a required monthly test (RMT) from any of its monitoring sources
during the month of January 2007. In addition, required weekly tests
(RWT) had not been documented for all required monitoring sources
during the weeks of 1/7/07 - 1/20/07. No log entries were found
indicating the reasons why these tests had not been received.
b. 47 C.F.R. S 73.1125(d)(1): "Relocation of the main studio may be made
... but notification to the FCC in Washington shall be made
promptly." The station's main studio was moved during calendar year
2006, but, as of the date of the inspection, notification had not
been received by the FCC, Media Bureau in Washington, D.C.
c. 47 C.F.R. S 73.1201(a)(2): "Broadcast station identification
announcements shall be made: ... Hourly, as close to the hour as
feasible, at a natural break in program offerings." The station was
monitored over several hours between February 15 and 17, 2007. The
station identification was present during some hours and not present
or cut off from airing during other hours. Specifically at the top of
the 6am hour on February 16, 2007 the station identification was not
present and the station was on the air.
d. 47 C.F.R. S 73.44(b): "Emissions removed by more than 75 kHz must be
attenuated at least 43 + 10 Log (Power in watts) or 80 dB below the
unmodulated carrier level, whichever is the lesser attenuation,
except for transmitters having less than 158 watts, where the
attenuation must be at least 65 dB below carrier level." At 7:15pm on
February 15, 2007, a spurious emission from KLFJ was observed on 1700
kHz (150 kHz removed from 1550 kHz) that was attenuated approximately
20 dB below the KLFJ carrier level. During the inspection, the
station engineers stated this was a known and ongoing condition that
had been occurring for several months.
e. 47 C.F.R. S73.1560: "[T]he antenna input power of an AM station ...
must be maintained as near as is practicable to the authorized
antenna input power and may not be less than 90% nor more than 105%
of the authorized power." At the time of inspection, the antenna
current metering for the daytime power for KLFJ indicated 10.1 amps.
This corresponds to an output power of 3876 watts or 78% of the
authorized power of 5000 watts. It is also noted that the licensee
was notified of this same violation in an NOV dated July 11, 2006,
when an inspection of the station on December 15, 2005 found the
station operating at reduced power during the day.
f. 47 C.F.R. S 73.3615(a): "[E]ach licensee of a commercial AM ...
station shall file an Ownership Report on FCC Form 323 when filing
the station's license renewal application and every two years
thereafter on the anniversary of the date that its renewal
application is required to be filed." Section 73.3526(e)(5) requires
a copy of the most recent, complete ownership report to be maintained
in the station's public inspection file. At the time of inspection,
the station's public file only included an incomplete ownership
report dated September 24, 2004. As of the inspection, 127, Inc. had
not filed an updated ownership report on FCC Form 323.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, 127, Inc., must
submit a written statement concerning this matter within twenty (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
Kansas City Office
520 NE Colbern Rd., 2^nd Floor
Lees Summit, MO 64086
4. This Notice shall be sent to 127, 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
Robert C. McKinney
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission