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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Center For Communication & Development ) File No. EB-10-CG-0260
Licensee of Radio Station KMOJ )
Facility ID # 14679 ) NOV No. V201132320003
NOTICE OF VIOLATION
Released: December 22, 2010
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Center For Communication &
Development ("CFCD"), licensee of
Station KMOJ in Minneapolis, Minnesota. This Notice may be combined with
further action, if further action is warranted.
2. On December 1, 2010, an agent of the Enforcement Bureau's Chicago
Office inspected Station KMOJ at the station's main studio at 2123
West Broadway, Minneapolis, Minnesota, and observed the following
violations:
a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources.
The monitoring assignments of each broadcast station and cable system and
wireless cable system are specified in the State EAS Plan and FCC Mapbook.
They are developed in accordance with FCC monitoring priorities." At the
time of inspection, Station KMOJ was monitoring only one EAS source.
b. 47. C.F. R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S:S: 11.35(a) and 11.54(b)(13)." A review of the
station's EAS logs revealed that monthly tests were not received and
retransmitted during July, October, and November. No weekly tests were
received or transmitted during October. There were no entries in the
station log indicating the reason why the required monthly tests and
required weekly tests were not received or transmitted.
c. 47 C.F.R. S: 73.3527(d)(8)(i): "Issues/programs lists. For non-exempt
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 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.)." At the
time of inspection, the agent found that the public file was missing the
issues/programs list for 2nd Quarter and 3rd Quarter 2010.
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 violation(s) and any remedial actions the station may
have taken. Therefore, CFCD 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
CFCD to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of CFCD with personal knowledge of the
representations provided in CFCD'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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Center For Communication & Development
at 2123 West Broadway, Minneapolis, MN 55411.
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
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
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