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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Omni Broadcasting Company d/b/a KOMI-DTV ) File No. EB-07-DL-076
Licensee of Class A Television Station KOMI-LP )
Facility ID # 87 ) NOV No. V20083250001
Woodward, Oklahoma )
)
NOTICE OF VIOLATION
Released: October 29, 2007
By the District Director, Dallas 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 Omni Broadcasting Company d/b/a
KOMI-DTV, licensee of Class A Television station KOMI-LP in Woodward,
Oklahoma.
2. On May 2, 2007, an agent of the Commission's Dallas Office inspected
radio station KOMI-LP located at 2728 Williams Avenue, Woodward,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders 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 station and systems are in operation.." On May 2, 2007, the EAS
Encoder/Decoder was in an equipment rack without a power cord or
connection to an audio source.
b. 47 C.F.R. S: 73.1840(a): "Retention of logs. Any log required to be
kept by station licensees shall be retained by them for a period of 2
years. ..." On May 2, 2007, the station's EAS logs were not available
for inspection. Station management stated that their new engineer had
emptied the file cabinets, and they did not know what had happened to
the station logs.
c. 47 C.F.R. S: 73.3526(e)(11): "For commercial TV and Class A TV
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 for each calendar
quarter is to be filed by the tenth day of the succeeding calendar
quarter (e.g., January 10 for the quarter October-December, April 10
for the quarter January-March, etc.). 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 title of each program in which the issue was treated.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." On May 2, 2007, the Public
Inspection File contained issues/programs lists through quarter four
2005. For the years 2006 and 2007 there were folders with program
documentation which had not been reduced to lists by quarter as
required.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Omni Broadcasting
Company d/b/a KOMI-DTV, 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. This Notice shall be sent to Omni Broadcasting Company d/b/a KOMI-DTV
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
James D. Wells
District Director
Dallas 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
2
Federal Communications Commission