Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Opus Broadcasting Systems, Inc. ) File No. EB-11-PO-0053
Licensee of Radio Station KCNA )
Facility ID # 10528 )
) NOV No. V201132920015
Cave Junction, Oregon )
NOTICE OF VIOLATION
Released: July 13, 2011
By the Resident Agent, Portland Resident Agent 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 the Opus Broadcasting Systems, Inc.
("Opus"), licensee of radio station KCNA in Cave Junction, Oregon.
This Notice may be combined with a further action, if further action
is warranted.
2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office
inspected radio station KCNA located at 511 Rossanley, Medford,
Oregon, and observed the following violation(s):
a. 47 C.F.R. S: 11.15: "EAS Operating Handbook - The EAS Operating
Handbook states in summary form the stations to be taken by personnel
at EAS Participant facilities upon receipt of an EAN, an EAT, tests,
or State and Local Area alerts, It is issued by the FCC and contains
instructions for the above situations. A copy of the 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." During the inspection on June 15, 2011, KCNA could not
produce the EAS Operating Handbook.
b. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current
FCC authorization to construct or operate the station, as well as any
other documents necessary to reflect any modifications thereto or any
conditions that the FCC has placed on the authorization. These
materials shall be retained until replaced by a new authorization, at
which time a copy of the new authorization and any related materials
shall be placed in the file." KCNA did not have a copy of the current
Station Authorization in the Public Inspection File.
c. 47 C.F.R. S: 73.3526(e)(4): " Contour Maps - A copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, together with any other information in the application
showing service contours and/or main studio and transmitter location
(State, county, city, street address, or other identifying
information). These documents shall be retained for as long as they
reflect current, accurate information regarding the station." KCNA
did not have the Contour Maps in the Public Inspection File.
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. In addition, the Station
Authorization and the Contour Maps, among others, are required to be
maintained in the Stations' Public Inspection File. 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, the Opus, 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
the Opus to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of the Opus with personal knowledge of the
representations provided in the Opus'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
Portland Resident Agent Office
PO Box 61469
Vancouver, WA 98666-1469
6. This Notice shall be sent to the Opus Broadcasting Systems, Inc. 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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
2
Federal Communications Commission