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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Valley Christian Radio Corp. ) File No. EB-11-PO-0094
Licensee of Station KFYL-LP )
)
Facility ID # 135215 )
) NOV No. V201132920027
La Grande, Oregon )
NOTICE OF VIOLATION
Released: August 31, 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 Valley Christian Radio Corp.,
licensee of radio station KFYL-LP in La Grande, Oregon. This Notice
may be combined with a further action, if further action is warranted.
2. On August 11, 2011, an agent of the Enforcement Bureau's Portland
Office inspected radio station KFYL-LP located at 2702 Adams Avenue,
La Grande, Oregon 97850, and observed the following violations:
a. 47 C.F.R. S: 11.15: "EAS Operating Handbook - The EAS Operating
Handbook states in summary form the actions 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." At the time of the inspection on August 11, 2011, Valley
Christian Radio Corp. did not have the EAS Operating Handbook at the
normal duty position and at the EAS equipment location.
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)." KFYL-LP
could not produce any EAS logs during an inspection on August 11,
2011.
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. 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, Valley Christian Radio Corp., 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
Valley Christian Radio Corp. to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Valley Christian Radio Corp. with
personal knowledge of the representations provided in Valley Christian
Radio Corp.'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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666-1469
6. This Notice shall be sent to Valley Christian Radio Corp. 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
3
Federal Communications Commission