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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
FMC Broadcasting, Inc. ) File No. EB-07-KC-242
Licensee of Radio Station KELR-FM )
Facility ID # 17776 ) NOV No. V200832560001
Chariton, Iowa )
)
)
NOTICE OF VIOLATION
Released: March 28, 2008
By the District Director, Kansas City 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 FMC Broadcasting, Inc., licensee of
radio station KELR-FM, Chariton, Iowa.
2. On March 13, 2008, an agent of the Commission's Kansas City Office of
the Enforcement Bureau inspected radio station KELR-FM located at 215
North Main Street in Chariton, Iowa, and observed the following
violations:
a. 47 C.F.R. S: 73.3526(c): "The file shall be available for public
inspection at any time during regular business hours." At the time of
inspection, the public inspection file was only available from 9:00 AM to
Noon.
b. 47 C.F.R. S: 73.3526(e)(6): The material to be retained in the public
inspection file is as follows: "Such records as are required by 73.1943 to
be kept concerning broadcasts by candidates for public office." Review of
the public inspection file found no 2008 Iowa caucus records in the
political file folder. When asked about any current political ads, the
station owner advised that one was aired during the 2008 Iowa caucus and
should have been placed in the public file.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, FMC Broadcasting,
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 FMC Broadcasting, Inc. 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
Kansas City Office
520 NE Colbern Road
Lee's Summit, MO. 64086
4. This Notice shall be sent to FMC Broadcasting, 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
Robert C. McKinney
District Director
Kansas City 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