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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bird Street Media Project ) File No. EB-09-SF-0047
Licensee of Radio Station KRBS-LP )
ID # 124347 )
Oroville, California ) NOV No. V201132960008
)
NOTICE OF VIOLATION
Released: January 7, 2011
By the District Director, San Francisco 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 Bird Street Media Project ("Bird"),
licensee of radio station KRBS-LP in Oroville, California. This Notice
may be combined with a further action, if further action is warranted.
2. On August 27, 2010, agents of the Enforcement Bureau's San Francisco
Office conducted an inspection of KRBS-LP and observed the following
violations:
a. 47 C.F.R. S: 11.15: "A copy of the [Emergency Alert System (EAS)]
Handbook must be located at normal duty positions or EAS equipment
locations when an operator is required to be on duty and be immediately
available to staff responsible for authenticating messages and initiating
actions." At the time of the inspection, the agents observed that no EAS
Handbook was available.
b. 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 inspection, the agents
observed that the logs did not indicate why no monthly test was received.
c. 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 the inspection, the agents observed that KRBS-LP was monitoring
only one EAS source.
d. 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. .
. . 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, Bird Street Media Project failed to ensure, over the
three months prior to the inspection, that regular tests of the EAS system
were conducted.
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, Bird 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
Bird to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Bird with personal knowledge of the
representations provided in Bird'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 Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
6. This Notice shall be sent to Bird 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
Thomas N. Van Stavern
District Director
San Francisco 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