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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Gap Broadcasting Lubbock License, LLC ) File No. EB-07-DL-238
Licensee of Radio Station KQBR )
Facility ID # 60800 ) NOV No. V200832500007
Lubbock, Texas )
)
)
NOTICE OF VIOLATION
Released: July 7, 2008
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 Gap Broadcasting Lubbock License,
LLC, licensee of radio station KQBR in Lubbock, Texas.
2. On May 15, 2008, an agent of the Commission's Dallas Office of the
Enforcement Bureau inspected radio station KQBR located in Lubbock,
Texas, and observed the following violation(s):
a. 47 C.F.R. S: 73.317(a): "FM broadcast stations employing transmitters
authorized after January 1, 1960, must maintain the bandwidth
occupied by their emissions in accordance with the specification
detailed below. FM broadcast stations employing transmitters
installed or type accepted before January 1, 1960, must achieve the
highest degree of compliance with these specifications practicable
with their existing equipment. In either case, should harmful
interference to other authorized stations occur, the licensee shall
correct the problem promptly or cease operation." An inter-modulation
product was noted from the KQBR transmitter on 104.3 MHz which would
cause problems with the reception in the Lubbock, Texas area of KLZK
licensed to Brownfield, Texas. Also, inter-modulation products were
observed radiating from the transmitter site in the amateur 80 meter
band 3.58 MHz and 3.97 MHz. A complaint of interference from the
amateur community was the basis of the inspection.
b. 47 C.F.R. S: 73.317(d): "Any emission appearing on a frequency
removed from the carrier by more than 600 kHz must be attenuated at
least 43 + 10 Log10 (Power, in watts) dB below the level of the
unmodulated carrier, or 80 dB, whichever is the lesser attenuation."
The output of the KQBR transmitter had inter-modulation products
attenuated less than required from the carrier as follows: 97.4 MHz
attenuated 59.8 dB, 101.45 MHz attenuated 45.5 dB and 104.3 MHz
attenuated 62.8 dB.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Gap Broadcasting
Lubbock License, LLC, 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 Gap Broadcasting Lubbock License, LLC 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
2
Federal Communications Commission