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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Louisville TV Licenses, LLC ) File No. EB-10-CG-0658
Licensee of Television Station WBKI-TV )
Facility ID # 25173 ) NOV No. V201132320007
Campbellsville, Kentucky )
NOTICE OF VIOLATION
Released: May 25, 2011
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 Louisville TV Licenses, LLC,
licensee of television station WBKI-TV, Campbellsville, Kentucky.
2. On November 17, 2010, an agent of the Commission's Chicago Office
inspected the main studio of Station WBKI-TV located in Louisville,
Kentucky, 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, there were no EAS entries in the
station's records except for the period from September 9, 2010 to
October 31, 2010.
b. 47 C.F.R. S: 11:52(d): "EAS participants must monitor two EAS
sources. The monitoring assignment of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan and FCC Mapbook." At the time of the inspection, WBKI-TV was
not monitoring the correct local primary stations as required by the
preliminary Kentucky EAS plan.
c. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." At the time of the inspection, there was no written
designation of the chief operator.
d. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least
once each week to determine if required entries are being made
correctly. . . . [U]pon completion of the review, the chief operator
or his designee must date and sign the log . . . ." At the time of
the inspection, the EAS logs were not being signed by the chief
operator.
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, Louisville TV Licenses, LLC 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
Louisville TV Licenses, LLC to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Louisville TV Licenses, LLC with
personal knowledge of the representations provided in Louisville TV
Licenses, LLC 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 Louisville TV Licenses, 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
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