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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Farmers Communications ) File No. EB-08-HU-0113 Licensee of Radio Station
KTWL )
and owner of antenna structure )
ASR # 1204066 ) NOV No. V200932540001
Hempstead, Texas )
)
)
NOTICE OF VIOLATION
Released: October 7, 2008
By the Resident Agent, Houston 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 Farmers Communications, licensee of
radio station KTWL and owner of antenna structure # 1204066.
2. On August 11, 2008, an agent of the Commission's Houston Office
inspected antenna structure # 1204066 located near Navasota, Texas,
and observed the following violation:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." On the
above date after local sunset neither the top nor the midpoint red
obstruction beacon was exhibited. Additionally, only one side light
on the structure was exhibited, all others were dark.
3. On August 15, 2008, an agent of the Commission's Houston Office
inspected the main studio and transmitter site of station KTWL and
observed the following violations:
a. 47 C.F.R. S: 73.1226(a): "Station records and logs shall be made
available for inspection or duplication at the request of the FCC or
its representative. ..." At the time of inspection, station records
and logs including tower light logs (see 73.1820(a)(1)(i) and logs
concerning Emergency Alert System (see 73.1820(a)(1)(iii) were not
available for inspection.
b. 47 C.F.R. S: 73.1350(c): "The license must establish monitoring
procedures and schedules for the station and the indicating
instruments employed must comply with S:73.1215." At the time of
inspection, the station's representative stated the station did not
have monitoring procedures or schedules.
c. 47 C.F.R. S: 73.1400: "The licensee of an AM, FM, TV, or Class A TV
station is responsible for assuring that at all times the station
operates within the tolerances specified by the applicable technical
rules contained in this part and in accordance with the terms of the
station authorization. Any method of complying with applicable
tolerances is permissible." At the time of inspection, a "dial up "
remote control system was utilized to control the transmitter and
monitor its operation. Station employees were not able to determine
the power output of the transmitter or confirm the operation complied
with the station's authorization.
d. 47 C.F.R. S: 73.1870(b)(3): "The designation of chief operator must
be in writing with a copy of the designation posted with the station
license." At the time of inspection, a written designation of the
chief operator could not be produced.
e. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For
commercial AM and FM broadcast stations, every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter. The list shall include a brief narrative
describing what issues were given significant treatment and the
programming that provided that treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issued was treated."
At the time of inspection, the list for the second quarter of 2008
was not in the public file. Additionally, many of the quarterly lists
were missing above referenced descriptive elements.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Farmers
Communications, 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
5. This Notice shall be sent to Farmers Communications at its address of
record.
6. 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
Stephen P. Lee
Resident Agent
Houston 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
3
Federal Communications Commission