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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jensen Investments, FLP ) File No. EB-08-SD-078
Licensee of KLHU-CA )
Lake Havasu City, AZ )
Facility ID # 30932 ) NOV No. V200832940007
)
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 ("Rules"), to Jensen Investments, FLP
("Jensen"), licensee of Class A TV Broadcast station KHLU-CA, Lake
Havasu City, AZ.
2. On February 26, 2008, an agent of the Enforcement Bureau's San Diego
Office inspected KLHU-CA's emergency alert system ("EAS") and public
inspection file, located at 1600 W. Acoma Blvd., Suite 36, Lake Havasu
City, AZ, 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 broadcast station records contained no entries
documenting the transmission of the required monthly test ("RMT") for the
months of January 2008. No entries were found in the EAS records
indicating the reasons why the RMT had not been received or transmitted.
b. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two Emergency
Alert System ("EAS") sources. The monitoring assignment of each
broadcast station and cable system and wireless cable system are
specified in the State EAS Plan and FCC Mapbook." At the time of
inspection, station KLHU-CA was not receiving the second local primary
("LP-2") station KNLB, 99.1 MHz, Lake Havasu City, AZ.
c. 47 C.F.R. S: 73.3526(e)(17): Each Class A television broadcast station
is required to provide "[d]ocumentation sufficient to demonstrate that
[they are] continuing to meet the eligibility requirements set forth
in Section 73.6001" of the Rules. There was no documentation found in
the station's public inspection file for 2007 indicating that this
requirement had been met for KLHU-CA.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Jensen 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(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 Jensen. 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 Jensen Investments, FLP, 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 District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R S: 73.6001.
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