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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Foundation for Creative Broadcasting, Inc. ) File Nos. EB-09-SD-0118
Licensee of Radio Station KXCI )
Facility ID # 22167 ) NOV No. V200932940005
Tucson, Arizona )
NOTICE OF VIOLATION
Released: September 23, 2009
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Foundation For Creative
Broadcasting, Inc. ("FFCB"), licensee of Non- Commercial FM Broadcast
radio station KXCI, Tucson, Arizona.
2. On September 3, 2009, agents of the Enforcement Bureau's San Diego
Office inspected KXCI, located at 220 S. 4th Ave, Tucson, Arizona, and
observed the following violation:
a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial
educational radio 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 shall include a brief narrative describing what issues were
given significant treatment and what programming that provided this
treatment. The description of the programs shall include, but shall
not be limited to the time, date, duration, and the title of each
program in which the issue was treated...." The issues/program lists
found in the public inspection files for KXCI were not drafted in a
format that provided all the information as required by this rule
section, and the first two quarters for the issues/programs list for
2009 were missing.
b. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS sources.
The monitoring assignment of each broadcast station and cable system and
wireless cable system are specified in the State EAS Plan and FCC
Mapbook." At the time of inspection, KXCI was not monitoring the first
designated local primary (LP-1) radio station KRQQ(FM), Tucson, Arizona.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, FFCB must submit a written
statement concerning this matter within 20 days of release of this
Notice. The response must fully explain each violation, must contain a
statement of the specific action taken to correct each violation,
preclude recurrence, and should include a time line for completion of
pending corrective actions.
4. 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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
5. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Foundation for Creative Broadcasting,
Inc., 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
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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