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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pacific Empire Radio Corp. ) File No. EB-11-PO-0100
Licensee of Station KRJT )
)
Facility ID # 164224 )
) NOV No. V201132920035
Elgin, Oregon )
NOTICE OF VIOLATION
Released: September 8, 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 Pacific Empire Radio Corp.,
licensee of radio station KRJT in Elgin, 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 KRJT located at 2510 Cove Avenue, La
Grande, Oregon 97850, and observed the following violations:
a. 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)." There were
missing EAS log entries after June 9, 2010. The last EAS log entry
was dated June 9, 2010.
b. 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. Agreements with chief operators serving on a
contract basis must be in writing with a copy kept in the station
files." During the inspection on August 11, 2011, the FCC inspecting
agent noted that the person designated as the Chief Operator for KRJT
was no longer an employee of KRJT.
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, Pacific Empire 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
Pacific Empire 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 Pacific Empire Radio Corp. with
personal knowledge of the representations provided in Pacific Empire
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 Pacific Empire 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