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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Richard D. Tatham )
Licensee of K36DU ) File No. EB-08-SD-076
Lake Havasu City, AZ )
Facility ID # 56171 ) NOV No. V200832940006
NOTICE OF VIOLATION
Released: March 19, 2008
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, Richard D. Tatham, licensee of Class A
Television station K36DU,
Lake Havasu City, Arizona.
2. On February 26, 2008, an agent of the Enforcement Bureau's San Diego
Office inspected K36DU, located at 510 N. Acoma Blvd., Lake Havasu
City, AZ, and observed the following violation:
a. 47 C.F.R. S: 73.3526(e)(11)(i): "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 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 K36DU 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, Richard D. Tatham 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. The response must
be complete in itself and signed by Richard D. Tatham. 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
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Richard D. Tatham, at his 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 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