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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Big Thicket Broadcasting Company of )
Wyoming, Inc. ) File No. EB-10-DV-0079
Licensee of Radio Station KMRZ )
Facility ID No. 164153 )
Superior, Wyoming ) NOV No. V201032800026
)
NOTICE OF VIOLATION
Released: June 23, 2010
By the District Director, Denver 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 Big Thicket Broadcasting Company of
Wyoming, Inc. ("Big Thicket"), licensee of radio station KMRZ in
Superior, Wyoming.
2. On June 3, 2010, agents of the Enforcement Bureau's Denver Office, in
response to a complaint of interference to VHF public safety
communications atop the Aspen Mountain communications site serving
Rock Springs, WY, monitored RF signals collocated at the transmitter
site. During the over-the-air monitoring and subsequent inspection of
radio station KMRZ, serving Superior, Wyoming, the agents observed the
following violation:
a. 47 C.F.R. S: 73.1570(b)(2): "Maximum modulation levels must meet the
following limitations: FM Stations (ii) In no event may the modulation of
the carrier exceed 110 percent (82.5 kHz peak deviation)." At the time of
monitoring and inspection, agents observed that the peak deviation of
KMRZ's RF signal was 94 kHz on several occasions, exceeding 110% (or 82.5
kHz peak deviation).
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Big Thicket 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(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 Big
Thicket. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Big Thicket Broadcasting Company of
Wyoming, 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
Nikki P. Shears
District Director
Denver 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