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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-07-SD-130
Kasa Radio Hogar, Inc. )
Radio Station KASA ) NOV No. V20073294014
Phoenix, Arizona )
)
)
NOTICE OF VIOLATION
Released: July 25, 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 Kasa Radio Hogar, Inc. ("Kasa")
operator of radio station KASA serving Phoenix, Arizona.
2. On April 26, 2007, agents of the Commission's San Diego Office
inspected radio station KASA located in Phoenix, Arizona, and
observed the following violations:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the
time of inspection, the station's log contained no entries
documenting sending of a required weekly test (RWT) for the months
of January 2007 through mid April 2007. Furthermore, the station's
log did not contain any record of reception of the RWT from a second
monitoring source at any time in April 2007. No station log entries
were found indicating the reasons why the tests had not been received
or sent.
b. 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 and the programming that provided this 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 radio station
KASA 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, Kasa, 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
Kasa. 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 Office
4542 Ruffner Street Suite 370
San Diego, CA 92111
4. This Notice shall be sent to Kasa Radio Hogar, 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
William R. Zears Jr.
District Director
San Diego 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