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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Barker Broadcasting Company ) File No. EB-08-DT-042
Licensee of Radio Station WKLB(AM) )
Facility ID # 3964 ) NOV No. V200832360007
Manchester, Kentucky )
)
)
NOTICE OF VIOLATION
Released: May 16, 2008
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Barker Broadcasting Company
("Barker"), licensee of radio station WKLB(AM) in Manchester,
Kentucky.
2. On February 13, 2008, agents of the Commission's Detroit Office
inspected radio station WKLB located at Manchester, Kentucky, and
observed the following violations:
a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." At the time of inspection, there was no written
designation posted with the station license or in the station
records.
b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain
a "copy of the current FCC authorization to construct or operate the
station...." At the time of inspection, a copy of the authorization
had not been placed in the file.
c. 47 C.F.R. S: 73.3526(e)(5): The public inspection file shall contain
a "copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material." At the time of inspection, the most current
ownership report or certifying statements were not in the public
file.
d. 47 C.F.R. S: 73.3526(e)(8): The public inspection file shall contain
"a copy of the most recent version of the manual entitled `The Public
and Broadcasting.'" At the time of inspection, a copy of "The Public
and Broadcasting" had not been placed in the public file.
e. 47 C.F.R. S: 73.3526(e)(9): The public inspection file shall contain
"[a]ll written comments and suggestions received from the public
regarding operation of the station, unless the letter writer has
requested that the letter not be made public or when the licensee
feels that it should be excluded from public inspection because of
the nature of its content such as a defamatory or obscene letter..."
At the time of inspection, letters and e-mails received from the
public were not in the public file.
3. Pursuant to Sections 403 and 308(b) of the Communications Act of 1934,
as amended, and Section 1.89 of the Commission's Rules, Barker
Broadcasting Company, 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
4. This Notice shall be sent to Barker Broadcasting Company 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 A. Bridgewater
District Director
Detroit District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S:S: 403, 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