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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
White Park Broadcasting, Inc. ) File No. EB-11-DV-0217
Licensee of Radio Station KWHO )
Facility ID # 164288 )
Lovell, WY ) NOV No. V201232800018
)
NOTICE OF VIOLATION
Released: February 23, 2012
By the District Director, Denver 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 White Park Broadcasting, Inc.
("White Park"), licensee of radio station KWHO in Lovell, Wyoming.
This Notice may be combined with a further action, if further action
is warranted.
2. On August 15, 2011, an agent of the Enforcement Bureau's Denver Office
inspected radio station KWHO, located at Powell, WY, and observed the
following violations:
a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams... " At the time of the inspection,
there were no entries in the station's logs indicating why KWHO did
not receive numerous Required Weekly Tests from KZMQ-FM during the
period from May 29, 2011, to August 13, 2011.
b. 47 C.F.R. S: 11.52(d): "...EAS participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan...." At the time of inspection, KWHO was monitoring an incorrect
source as its LP-2. KWHO was found monitoring KPOW-AM, 1230 kHz,
instead of Wyoming Public Radio (KUWP-FM) as required in the WY State
Plan.
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, White Park 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
White Park to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of White Park with personal knowledge of the
representations provided in White Park'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
Denver District Office
215 S. Wadsworth Blvd., # 303
Lakewood, CO 80226
6. This Notice shall be sent to White Park Broadcasting, 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
Nikki P. Shears
District Director
Denver District 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