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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mortenson Broadcasting Co. of Texas, Inc. ) File No. EB-08-DL-0136
Licensee of AM Stations KKGM and KHVN )
Facility IDs # 87147 and 63780 ) NOV No. V201132500001
Fort Worth, Texas )
)
)
NOTICE OF VIOLATION
Released:October 27, 2010
By the District Director, Dallas 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 Mortenson Broadcasting Co. of Texas,
Inc., licensee of AM stations KKGM and KHVN, Fort Worth, Texas.
2. On April 27, 2010, agents of the Enforcement Bureau's Dallas Office
inspected the station's main studio in Dallas, Texas and observed the
following violation(s):
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 S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
why any tests were not received must be made in the broadcast station
log as specified in S:S: 73.1820 and 73.1840 of this chapter for all
broadcast streams .."
Although the station's EAS equipment was operational, station KHVN's EAS
log was missing entries. The missing entries were not explained in the
log.
b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review
and sign the station logs on a weekly basis.
The chief operator was not reviewing or signing the logs on a weekly basis
for either station KHVN or KKGM.
c. 47 C.F.R. S: 73.3526(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 10 for the quarter October-December, April 10 for the
quarter January-March, etc.). The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this 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 issue was treated."
The licensee failed to reduce the last quarterly issues to a list
containing all of the required information.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,3 and Section 1.89 of the Commission's Rules, Mortenson
Broadcasting Co. of Texas, Inc. 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 taken to correct each violation and
preclude recurrence, and should include a time line for completion of
pending corrective action. The response must be complete in itself and
signed by a principal or officer of the owner.
4. 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
5. This Notice shall be sent to Mortenson Broadcasting Co. of Texas, Inc.
at its address of record.
6. The Privacy Act of 19746 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
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
3 47 U.S.C. S: 403
6 P.L. 93-579, 5 U.S.C. S: 552a(e)(3)
Federal Communications Commission
2
Federal Communications Commission