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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Regent Broadcasting of El Paso, Inc. ) File No. EB-08-DL-0069
)
Licensee of Radio Station KROD )
Facility ID # 14908 ) NOV No. V200832500011
)
El Paso, Texas )
NOTICE OF VIOLATION
Released: August 8, 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 Regent Broadcasting of El Paso, Inc.
("Regent"), licensee of radio station KROD in El Paso, Texas.
2. On June 18, 2008, an agent of the Commission's Dallas Office of the
Enforcement Bureau inspected radio station KROD located in El Paso,
Texas, and observed the following violation(s):
a. 47 C.F.R. S: 73.61(a): "Each AM station using a directional antenna
must make field strength measurements at the monitoring point
locations specified in the instrument of authorization, as often as
necessary to ensure that the field at those points does not exceed
the values specified in the station authorization." On June 18, 2008,
the field exceeded the authorized value for the 324 degree monitoring
point. It is noted that the station's field strength meter indicated
the maximum licensed value for this point; however the meter showed
signs of damage, was last calibrated August 21, 1997 and displayed
values up to six percent less than the Commission's meter for a given
measurement.
b. 47 C.F.R. S: 73.62(a): "Each AM station operating a directional
antenna must maintain the relative amplitudes of the antenna
currents, as indicated by the antenna monitor, within 5% of the
values specified on the instrument of authorization. Directional
antenna relative phases must be maintained within 3 degrees of the
values specified on the instrument of authorization." The relative
phase of tower two relative to tower one specified on the license
granted February 5, 1999 is 136 degrees; whereas the observed value
during the inspection on June 18, 2008 was 132.2 degrees, a
difference of 3.8 degrees exceeding the allowed tolerance.
c. 47 C.F.R. S: 73.1350(a): "Each licensee is responsible for
maintaining and operating its broadcast station in a manner which
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization." The
Station Authorization for station KROD specifies a specific number of
buried copper radials. During the inspection, there was evidence that
parts of several ground radials had recently been stolen and that
parts of other radials were exposed. The station should inspect the
ground system and replace any missing radials and ensure that all
radials are completely buried as required.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Regent, 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 Regent Broadcasting of El Paso, 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
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