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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KCBD License Subsidiary, LLC ) File No.: EB-FIELDSCR-12-00000804
) NOV No.: V20123250007
Licensee of Radio Station KCBD-TV ) Facility ID No.: 27507
Facility ID # 27507 )
)
Lubbock, TX )
NOTICE OF VIOLATION
Released: February 28, 2012
By the By the District Director, Dallas Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules to KCBD License Subsidiary, LLC, licensee of
station KCBD-TV in Lubbock, Texas.
2. On February 2 2012, an agent of the Commission's Dallas Office
inspected the main studio of Station KCBD-TV located at Lubbock,
Texas, and observed the following violation(s):
a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station, cable
system and wireless cable system are specified in the State EAS Plan
and FCC Mapbook. They are developed in accordance with FCC monitoring
priorities." At the time of the inspection, Station KCBD-TV was not
monitoring the assigned LP2 Station, KRIA (103.9 MHz, FM).
b. 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
Section 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 KCBD-TV logs indicating why the required
monthly tests (RMTs) and the required weekly tests (RWTs) had been
sporadically missed over the three months prior to the inspection.
c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least
once each week to determine if required entries are being made
correctly.... [U]pon completion of the review, the chief operator or
his designee must date and sign the log...." At the time of
inspection, there was no indication that the logs were being reviewed
by the chief operator.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, KCBD License
Subsidiary, LLC must submit a written statement concerning this matter
within twenty (20) calendar 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
Dallas Office
9330 LBJ Freeway Suite # 1170
Dallas, Texas 75243
4. This Notice shall be sent to KCBD License Subsidiary, LLC, 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
James D. Wells
District Director
Dallas District Office
South Central Region
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
2
Federal Communications Commission