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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Mountain Broadcasting LLC ) File No. EB-09-PO-0052
Licensee of Radio station KOHI(AM) )
Facility ID# 70467 )
) NOV No. V201032920004
Saint Helens, Oregon )
NOTICE OF VIOLATION
Released: January 4, 2010
By the Resident Agent, Portland Resident Agent 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 the Mountain Broadcasting LLC,
licensee of AM broadcast station KOHI in Saint Helens, Oregon. This
Notice may be combined with a further action, if further action is
warranted.
2. On October 15, 2009, an agent of the Enforcement Bureau's Portland
Resident Agent Office inspected radio broadcast station KOHI in
Saint Helens, Oregon and observed the following violations:
a. 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 the inspection, the agent found that KOHI was monitoring
only one EAS source and was not monitoring the required local primary
(LP-1) station.
b. 47 C.F.R. S: 76.3526(e)(8): "At all times, a copy of the most recent
version of The Public and Broadcasting Manual" must be retained in
the public inspection file."
At the time of the inspection, the agent found that KOHI could not produce
a copy of The Public and Broadcasting Manual.
c. 47 C.F.R. S: 76.3526(e)(12): " 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
(e.g., January 10th for the quarter October-December, April 10th for
the quarter January-March, etc.)."
At the time of the inspection, the agent found that KOHI could not produce
the issues/programs list for the Third Quarter (July-September) of the
calendar year of 2009. This list should have been filed on October 10,
2009.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, Mountain Broadcasting LLC must submit a
written statement concerning this matter within twenty (20) days of
release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances,
(ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include
a time line for completion of any pending corrective action(s). The
response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Mountain Broadcasting LLC to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Mountain Broadcasting LLC with personal
knowledge of the representations provided in Mountain Broadcasting
LLC's response, verifying the truth and accuracy of the information
therein, and confirming that all of the information requested by this
Notice which is in the licensee's possession, custody, control, or
knowledge has been produced. To knowingly and willfully make any false
statement or conceal any material fact in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
5. 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6. This Notice shall be sent to Mountain Broadcasting LLC at its address
of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
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Federal Communications Commission