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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Birach Broadcasting Corporation ) File No. EB-10-DL-0102
Licensee of Radio Station KJMU )
Facility ID # 47101 )
) NOV No. V201132500003
Sand Springs, Oklahoma )
NOTICE OF VIOLATION
Released: June 28, 2011
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 ("Rules"), to Birach Broadcasting
Corporation, licensee of Station KJMU in Sand Springs, Oklahoma.
2. On April 26, 2011, agents of the Enforcement Bureau's Dallas Office
inspected the main studio of Station KJMU located in Sand Springs,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 73.1560(a): "AM stations. (1) Except as provided for in
paragraph (d) of this section, the antenna input power of an AM
station as determined by the procedures specified in S: 73.51 must be
maintained as near as is practicable to the authorized antenna input
power and may not be less than 90% nor more than 105% of the
authorized power." At the time of the inspection, the transmitter
meter indicated the station was operating at 109% of authorized
power.
b. 47 C.F.R. S: 73.1820(b)(4): "In the event of failure or
malfunctioning of the automatic equipment, the person designated by
the licensee as being responsible for the log s[h]all make the
required entries in the log manually at that time." At the time of
this inspection, the station personnel could not access the Burke
controller to recover the station log without loss of the data. The
station was not making entries in a manual log. The station received
a previous verbal warning about this condition in November 2010.
c. 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. Additionally, verification must be made that the station
has been operated as required by the rules or the station
authorization. Upon completion of the review, the chief operator or
his designee must date and sign the log, initiate any corrective
action which may be necessary, and advise the station licensee of any
condition which is repetitive." At the time of the inspection the
Chief Operator was not initiating corrective action to establish a
manual log and allowed paper to pile on top of the Emergency Alert
System printer, creating a paper jam. The paper jam was cleared
during the inspection.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Rules, Birach Broadcasting Corporation, must
submit a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of the
Birach Broadcasting Corporation. 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
4. This Notice shall be sent to by both Certified Mail/Return Receipt
Requested and regular mail to Birach Broadcasting Corporation at its
address of record.
5. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission