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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Horizon Broadcasting, Inc ) File No. EB-11-KC-0065
Licensee of Radio Station KOJY )
Facility ID # 27659 ) NOV No. V201232560003
Bloomfield, IA )
)
)
NOTICE OF VIOLATION
Released: February 7, 2012
By the District Director, Kansas City Office, South Central, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules to Horizon Broadcasting, Inc, licensee of
Station KOJY in Bloomfield, Iowa.
2. On August 23, 2011, an agent of the Commission's Kansas City Office
inspected Station KOJY located at Bloomfield, IA, and observed the
following violation(s):
a. 47 C.F.R. S: 73.1225 (c)(2): "The following records shall be made
available by all broadcast stations upon request by representatives
of the FCC (2) The written designations for chief operators and, when
applicable, the contracts for chief operators engaged on a contract
basis." At the time of inspection, there was nothing in writing
designating the chief operator.
b. 47 C.F.R. S: 73.1225(c)(5): "The following records shall be made
available by all broadcast stations upon request by representative of
the FCC. (5) Station logs and special technical records." At the time
of inspection, no logs were available for review.
c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
completion of the following duties specified in the paragraph below.
When these duties are delegated to other persons, the chief operator
shall maintain supervisory oversight sufficient to know that each
requirement has been fulfilled in a timely and correct manner. (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 inspection, no station records were available to determine if the
required logs were being maintained or reviewed. During the
inspection, the station engineer stated that he was not reviewing the
station records.
d. 47 C.F.R. S: 73.3526 (e)(5): "Contents of the file. The material to
be retained in the public file is as follows: (5) Ownership reports
and related materials. A copy of the most recent, complete ownership
report filed with the FCC for the station, together with any
statement filed with the FCC certifying that the current report is
accurate and together with all related material. These materials
shall be retained until a new, complete ownership report is filed
with the FCC at which time a copy of the new report and any related
materials shall be placed in the file." At the time of inspection,
there was no recent ownership report in the Public Inspection File.
The ownership report in the Public Inspection File was from 2008, and
the station changed ownership in 2009.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, Horizon
Broadcasting, Inc.Violator, must submit a written statement concerning
this matter within twenty (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 licensee. 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
Kansas City Office
520 NE Colbern Road, 2nd Floor
Lee's Summit, MO 64081
4. This Notice shall be sent to Horizon Broadcasting, Inc. 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
Ronald D Ramage
District Director
Kansas City District Office
South Central
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission