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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Box Broadcasting Corporation ) File No. EB-08-DL-0179
Licensee of Radio Station KBEL )
Facility ID: 14759 ) NOV No. V200832500013
Idabel, Oklahoma )
)
NOTICE OF VIOLATION
Released: September 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 Box Broadcasting Corporation,
licensee of radio station KBEL in Idabel, Oklahoma.
2. On May 7, 2008, an agent of the Commission's Dallas Office of the
Enforcement Bureau inspected radio station KBEL located at Idabel,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 11.35(a): "Additionally, broadcast stations and cable
systems and wireless cable systems must determine the cause of any
failure to receive the required [Emergency Alert System "EAS"] tests
or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate
entries must be made in the broadcast station log, ... indicating why
any tests were not received." At the time of inspection, the EAS
equipment installed at KBEL was operational. However, the entire EAS
log consisted of 7 entries beginning on April 18, 2008. The EAS log
entries were for the reception of 5 thunderstorm warnings and 2
weekly tests. The station did not maintain a station log, and there
were no entries regarding the cause for missing EAS entries in any
other logs.
b. 47 C.F.R. S: 11.61: "Tests of EAS procedures. (a) EAS Participants
shall conduct tests at regular intervals, as specified in paragraphs
(a)(1) and (a)(2) of this section. Additional tests may be performed
anytime. EAS activations and special tests may be performed in lieu
of required tests as specified in paragraph (a)(4) of this section.
All tests will conform with the procedures in the EAS Operating
Handbook. (1) Required Monthly Tests of the EAS header codes,
Attention Signal, Test Script and EOM code. (i) Tests in odd numbered
months shall occur between 8:30 a.m. and local sunset. Tests in even
numbered months shall occur between local sunset and 8:30 a.m. They
will originate from Local or State Primary sources. The time and
script content will be developed by State Emergency Communications
Committees in cooperation with affected EAS Participants. Script
content may be in the primary language of the EAS Participant. These
monthly tests must be transmitted within 60 minutes of receipt by EAS
Participants in an EAS Local Area or State. ... (2) Required Weekly
Tests: (i) EAS Header Codes and EOM Codes: (A) Analog and digital AM,
FM, and TV broadcast stations must conduct tests of the EAS header
and EOM codes at least once a week at random days and times. ... (b)
Entries shall be made in EAS Participant records, as specified in
S:S:11.35(a) and 11.54(b)(13)." The station had no records of an EAS
test reception or activation prior to April 18, 2008.
c. 47 C.F.R. S: 11.15: "A copy of the EAS Handbook must be located at
normal duty positions or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." A
copy of the EAS Handbook was not available at any point at the
station.
d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by S: 73.1820." The required station log
was not available for inspection.
e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV
or Class A TV station must designate a person to serve as the
station's chief operator. The designation must be in writing and
posted with the station's license." The agent found no written
designation of a chief operator for the station.
f. 47 C.F.R. S: 73.1230(a): "The station license and any other
instrument of station authorization shall be posted in a conspicuous
place and in such a manner that all terms are visible at the place
the licensee considers to be the principal control point of the
transmitter." The station authorization was not posted as required.
Additionally, the station authorization was not otherwise available
for inspection
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Box Broadcasting
Corporation 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, Suite 1170
Dallas, TX 75243
4. This Notice shall be sent to Box Broadcasting Corporation 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