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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
FM 92 Broadcasters, Inc. ) File No. EB-07-DL-077
Licensee of Radio Station KMZE )
Facility ID # 21841 ) NOV No. V20083250003
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 FM 92 Broadcasters, Inc., licensee
of radio station KMZE in Woodward, Oklahoma.
2. On May 2, 2007, an agent of the Commission's Dallas Office inspected
radio station KMZE located at 2728 Williams Avenue, Woodward,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 11.35(a): "... Appropriate entries indicating reasons
why any tests were not received must be made in the broadcast station
log as specified in S:S:73.1820 ... of this chapter." A review of the
log back through December 1, 2006 found no reception of test or
activations. There were no entries indicating why the tests were not
received.
b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
sources." At the time of the inspection there was only one audio
source connected to the EAS Decoder.
c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
completion of the following duties specified in this paragraph below.
When these duties are delegated to other persons, the chief operator
shall maintain supervisory oversight sufficient to know that each
requirement has been fulfilled in a timely and correct manner. (1)
Inspections and calibrations of the transmission system, required
monitors, metering and control systems; and any necessary repairs or
adjustments where indicated. (See S:73.1580.) (2) Periodic AM field
monitoring point measurements, equipment performance measurements, or
other tests as specified in the rules or terms of the station
license. (3) Review of the station records at least once each week to
determine if required entries are being made correctly. Additionally,
verification must be made that the station has been operated as
required by the rules or the station authorization. Upon completion
of the review, the chief operator or his designee must date and sign
the log, initiate any corrective action which may be necessary, and
advise the station licensee of any condition which is repetitive. (4)
Any entries which may be required in the station records. (See
S:73.1820.)." On May 2, 2007, the station records showed continuing
problems with the EAS system going back prior to December 1, 2006.
There were no signatures showing they had been reviewed by the chief
operator, nor an indication of corrective action taken.
d. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. 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
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, FM 92
Broadcasters, 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. This Notice shall be sent to FM 92 Broadcasters, 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
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
3
Federal Communications Commission