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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Premier Radio Stations, LLC )
c/o LPC Investments, LLC ) File Nos. EB-10-SD-0185
Licensee of Radio Station KFNX(AM) )
Facility ID # 9421 ) NOV No. V201132940001
Cave Creek, AZ )
NOTICE OF VIOLATION
Released: October 7, 2010
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 Premier Radio Stations, LLC, c/o
LPC Investments, LLC ("Premier Radio") licensee of AM Broadcast radio
station KFNX(AM) in Cave Creek, Arizona.. This Notice may be
combined with a further action, if further action is warranted.
2. On July 21, 2010, an agent of the Enforcement Bureau's San Diego
Office inspected KFNX located at 2001 N. 3rd Street, Suite 102,
Phoenix, California and observed the following violations:
a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
why any tests were not received or sent must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this chapter
for all broadcast streams . . . . " At the time of the inspection, the
agent found that there were no entries in the station log indicating why
tests had not been periodically received or sent during various weeks
during three months prior to the inspection.
b. 47 C.F.R. S: 11.61(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." At the time of the inspection, the licensee
failed to ensure that, over the three months prior to the inspection,
multiple tests of the EAS system were conducted
c. 47 C.F.R. S: 73.3526(e)(7): "Equal Employment Opportunity (EEO) file.
Such information as is required by S: 73.2080 is to be kept in the public
inspection file." At the time of the inspection, the required EEO
information was not in KFNX's public inspection file.
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, Premier Radio, 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
Premier Radio, to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Premier Radio, with personal knowledge of the
representations provided in Premier Radio'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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
6. This Notice shall be sent to Premier Radio Stations, LLC, c/o LPC
Investments, 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
William R. Zears Jr.
District Director
San Diego District 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
3
Federal Communications Commission